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SRI. DILEEPKUMAR CHANDREGOWDA vs THE STATE OF KARNATAKA - Karnataka
"], ["2019 0 Supreme(Kar) 519"], ["2024 Supreme(Online)(Mad) 64933"], ["2019 0 Supreme(Kar) 737"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2019 0 Supreme(Kar) 140"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2019 0 Supreme(Kar) 1480"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2022 Supreme(Online)(Kar) 31016"].SRI. DILEEPKUMAR CHANDREGOWDA vs THE STATE OF KARNATAKA - Karnataka
"], ["2019 0 Supreme(Kar) 519"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2019 0 Supreme(Kar) 737"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2019 0 Supreme(Kar) 140"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2019 0 Supreme(Kar) 1480"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2022 Supreme(Online)(Kar) 31016"].SRI. DILEEPKUMAR CHANDREGOWDA vs THE STATE OF KARNATAKA - Karnataka
"].SRI. DILEEPKUMAR CHANDREGOWDA vs THE STATE OF KARNATAKA - Karnataka
"].The legal position is clear: Police cannot initiate proceedings under the MMDR Act through a final report, and courts cannot take cognizance solely based on such reports ["2026 Supreme(Online)(Mad) 668"], ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"], ["2019 0 Supreme(Kar) 1480"].
Analysis and Conclusion:
SRI. DILEEPKUMAR CHANDREGOWDA vs THE STATE OF KARNATAKA - Karnataka
"].References:- ["2026 Supreme(Online)(Mad) 668"]- ["2023 0 Supreme(All) 964"]- ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"]- ["
SRI. DILEEPKUMAR CHANDREGOWDA vs THE STATE OF KARNATAKA - Karnataka
"]- ["2019 0 Supreme(Kar) 519"]- ["2024 Supreme(Online)(Mad) 64933"]- ["2025 Supreme(Online)(Mad) 7205"]- ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"]- ["2019 0 Supreme(Kar) 737"]- ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"]- ["2019 0 Supreme(Kar) 140"]- ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"]- ["2019 0 Supreme(Kar) 1480"]- ["SRI.KUSHA KUMAR S/O R.. MUNIYA NAIK Vs THE STATE OF KARNATAKA - Karnataka"]- ["2022 Supreme(Online)(Kar) 31016"]
In the mining industry, illegal extraction and regulatory violations are serious concerns. A common question arises: Can police file under the and can court take ? This issue touches on procedural safeguards under the (), balancing enforcement with statutory requirements. Understanding this is crucial for miners, authorized officers, police, and legal practitioners to avoid invalid proceedings.
This article breaks down the legal framework, judicial interpretations, and practical implications. Note: This is general information based on precedents and statutes; consult a legal expert for specific advice.
Generally, police cannot directly file final reports under the for offences punishable under it. Instead, proceedings must begin with a filed by a competent . Only then can a take under . 2019 0 Supreme(Kar) 1480
The police's role is confined to investigating under general criminal laws like the () or other penal statutes. Their reports apply to those offences, not MMDR violations, unless a precedes. Once filed and taken, the case may commit to a . This upholds the Act's jurisdictional limits. 2019 0 Supreme(Kar) 1480
Key points include:- of MMDR offences is restricted to private complaints by authorized officers. 2019 0 Supreme(Kar) 1480- Police reports do not trigger MMDR proceedings. 2019 0 Supreme(Kar) 1480- Magistrates lack authority for MMDR on police reports alone. 2019 0 Supreme(Kar) 1480- Special Courts cannot receive police reports directly. 2019 0 Supreme(Kar) 519
Section 22 explicitly states: No court shall take of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government.2019 0 Supreme(Kar) 1480
This provision ensures specialized oversight, preventing routine police filings from bypassing mining regulators. Police investigations may gather evidence, but final reports under remain invalid for MMDR offences without this step. 2019 0 Supreme(Kar) 519 2019 0 Supreme(Kar) 1480
Police can probe incidents involving for offences like theft (). However, they cannot file final reports for violations directly to Magistrates or Special Courts.
As per guidelines: The Police cannot file a under Section 173 of Cr.PC for the offences under the & either to the or to the .
If police submit such a report, it lacks legal sustainability for MMDR charges. Courts typically quash those portions, allowing proceedings to continue. 2019 0 Supreme(Kar) 1480
Courts have consistently reinforced these limits. In ILR 2018 KAR 1497, it was held that Special Courts under MMDR lack jurisdiction for police reports or unauthorized complaints. requires commitment from a post-. 2019 0 Supreme(Kar) 519
Another ruling under affirmed: demands a ; police reports for MMDR are invalid, though investigations proceed. 2019 0 Supreme(Kar) 169
In a case: for the offence punishable under the and on the basis of any police report under Section 173 of is impermissible.
Further, for MMDR were quashed due to improper filing: quashed for offences under due to improper filing; Law requires complaints to be lodged by authorized officers under - Police allowed to proceed with offences.2025 0 Supreme(Mad) 5175
In another: The against the petitioner for illegal quarrying were quashed regarding the due to improper filing by the Inspector, and he was directed to file a ; however, the charges under remain.2025 Supreme(Online)(Mad) 69783
The has clarified that Magistrates can take on police reports without awaiting MMDR complaints, overruling contrary High Court views. The Hon’ble was of the view that on receipt of a police report, the having jurisdiction can take of the offence under without awaiting the receipt of complaint...2020 0 Supreme(Jhk) 1104 2020 0 Supreme(Jhk) 1009
These decisions underscore 's permissibility: via police, MMDR via authorized complaint.
This strict approach maintains procedural integrity. 2019 0 Supreme(Kar) 1480
To navigate this:- Authorized officers: File written private complaints promptly for MMDR offences.- Police: Limit to /other laws; assist evidence collection without MMDR reports.- Courts: Scrutinize origins; quash non-compliant MMDR proceedings.- Accused parties: Challenge invalid filings via petitions.
Adhering prevents delays and dismissals. 2019 0 Supreme(Kar) 169
In summary, while police play a supportive role, MMDR enforcement hinges on authorized channels. Staying compliant safeguards operations in mining. For tailored guidance, seek professional legal counsel.
References:- 2019 0 Supreme(Kar) 1480, 2019 0 Supreme(Kar) 519, 2019 0 Supreme(Kar) 169,
, 2025 0 Supreme(Mad) 5175, 2025 Supreme(Online)(Mad) 69783,
, 2022 Supreme(IND)(KAR) 1 - Karnataka)(KAR) 1, 2020 0 Supreme(Jhk) 1104, 2020 0 Supreme(Jhk) 1009 #MMDRAct, #MiningLaw, #LegalInsights
Hence, a police report/final report cannot be the foundation for cognizance under Section 21(1) of the MMDR Act, and the inclusion of that offence and cognizance thereon are void. ... The learned counsel for the petitioners reiterated that the cognizance for Section 21(1) MMDR Act cannot be taken on a police final report. ... This statutory c....
and orders issuance of process/summons for the offences under the MMDR Act and Rules made thereunder; (iii) for commission of an offence under the IPC, on police report, the competent magistrate can take cognizance of the said offences WITHOUT awaiting the receipt of complaint that may be filed by the authorised officer regarding offences under the MMDR Act and Rules framed thereunder; /p ... Hence, for the commission of offence under Section 378 Cr....
(2) The Police cannot file a final report under Section 173 of Cr.PC for the offences under the MMDR Act & KMMC Rules either to the jurisdictional JMFC Court or to the Special Court. ... As per Guideline No.(2) the police cannot file a final report under Section 173 of Cr.P.C. ... However, if any penal provisions under the IPC or any other penal laws are available....
As per Section 22 of the MMDR Act, the Court can take cognizance of any offence under MMDR Act Cr.P.C. for the offences under the MMDR Act and (2) The Police cannot file a final report under Act, has no jurisdiction to directly take cognizance of p style="position:absolute;
final report under Section 173 of the Code of Criminal Procedure, upon which it will be well within the competence of the jurisdictional Magistrate to take cognizance. ... of the MMDR Act, within a period of four weeks from the date of receipt of a copy of this order and on such filing, the Court concerned shall take cognizance of the same and shall proceed further. ... On such complaint filed by the Inspector of Police#HL....
(iv) In respect of offences under the Mines and Minerals (Development and Regulation) Act, the Court shall take cognizance only on a Complaint filed by a person authorised in that behalf by the Central Government or State Government and not on a Police Report. ... Therefore, the first respondent Police ought to have filed the final report only in respect of the offence punishable u/s.379 IPC and in respect of the offence punishable....
cognizance for the offence punishable under the MMDR Act and KMMC Rules on the basis of any police report under Section 173 of Cr.P.C. ... (Para 37(1)) c) The Police cannot file a final report under Section 173 of Cr.P.C., for the offences under the MMDR Act and KMMC Rules either to the that the Special Court has no jurisdiction to receive a fina....
(2) The Police cannot file a final report under Section 173 of Cr.P.C. for the offences under the MMRD Act & KMMC Rules either to the jurisdictional JMFC Court or to the Special Court. ... It is made clear that the Special Court has no jurisdiction to receive a final report from the Police under Section 173 of Cr.P.C. or to receive any private complaint under the MMRD Act, direc....
On such complaint filed by the Inspector of Police, the designated Court ought to have taken cognizance in respect of the offence punishable u/s.22(1) of the MMDR Act. ... on such filing, the Court concerned shall take cognizance of the same and shall proceed further. ... (iv) In respect of offences under the Mines and Minerals (Development and Regulation) Act, the Court shall take cog....
(c) The police cannot file a final report under Section 173 of Cr.P.C., for the offences under the MMDR Act and KMMC Rules either to the jurisdictional JMFC Court or to the Special Court. ... It is made clear that the Special Court has no jurisdiction to receive a Final report from the Police under Section 173 of Cr.P.C., or to receive any private complaint under the M....
The Hon’ble Supreme Court was of the view that on receipt of a police report, the Magistrate having jurisdiction can take cognizance of the offence under Section 378 of the Indian Penal Code without awaiting the receipt of complaint that may be filed by the authorized officer for taking cognizance in respect of violation of various provisions of MMDR Act. Paragraph 72 and 73 of the said judgment are quoted hereinbelow for ready reference: Consequently, it was held that contrary view taken by the different High Courts cannot be sustained in law and, therefore were overruled.....
The Hon’ble Supreme Court was of the view that on receipt of a police report, the Magistrate having jurisdiction can take cognizance of the offence under Section 378 of the Indian Penal Code without awaiting the receipt of complaint that may be filed by the authorized officer for taking cognizance in respect of violation of various provisions of MMDR Act. Consequently, it was held that contrary view taken by the different High Courts cannot be sustained in law and, therefore were overruled. Accordingly, the issue was settled by the Hon’ble Supreme Court who was of the defin....
Likewise if any police report is received the same has to be transferred to the jurisdictional Magistrate invoking the provisions under Section 228 (1) (a) of Cr.P.C. for appropriate action. It is made clear that the Special Court has no jurisdiction to receive a final report from the Police under Section 173 of Cr.P.C. or to receive any private complaint under the MMDR Act, directly from the authorized officer and take cognizance of the offences either under the MMDR Act or any other penal laws. GUIDELINES: (1) The Special Court constituted under the MMDR Act, has no juris....
Therefore, the impugned order under which the learned Prl. District & Sessions Judge / Special Court, Bidar under MMDR If any such complaint is erroneously received and pending, the Special Court has to fallow the procedure as contemplated under Section 201 of Cr.PC and return the complaint for presentation to the proper Court with an endorsement to that effect. 12. Condition No.1 referred above goes to show that the Special Court Constituted under the MMDR Act has no jurisdiction to directly take cognizance of the offences under the MMDR Act and KMMC Rules, even along with any other penal o....
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