Karnataka High Court
Sri Nagaraju S K vs State By Goruru Police on 13 December, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.8234/2017 C/W
CRIMINAL PETITION Nos.8235/2017, 8236/2017,
8237/2017, 8238/2017, 8239/2017
IN CRL.P.No.8234/2017:
BETWEEN:
1. Sri. Nagaraju S.K.,
S/o late Krishnegowda,
Aged about 60 years,
Owner of Kiran Stone Crusher,
Kattaya Village,
Kattaya Hobli,
Hassan District - 573 128.
2. Smt. Manjula,
W/o Rangaswamy,
Aged about 50 years,
R/at Kattaya Village,
Kattaya Hobli,
Hassan District - 573 128. ... Petitioners
(By Sri. Dinesh Kumar K. Rao, Adv.)
AND:
1. State by Goruru Police,
Represented by SPP,
High Court,
Bengaluru - 560 001.
2
2. Padmaja M.V.,
Sr. Geologist, Major,
DMG, Hassan Town,
Hassan - 573 201. ...Respondents
(By Sri. Sandesh J Chouta, SPP - II)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR in Cr.No.87/2017 on the
file of Goruru Police Station and pending on the file of the
Learned III Additional Civil Judge (Jr.Dn) and JMFC, Hassan
for the offences P/U/Rule 42, 3(1) of Karnataka Minor
Mineral Concession Rule and 4(1), 4(1a) of Mines and
Minerals Regulation of Development Act Sections 379, 420
of IPC.
IN CRL.P.No.8235/2017:
BETWEEN:
1. Sri. Gurunandana Prabhu,
S/o Gopala Krishna Prabhu,
Aged about 38 years,
R/at Janani Nilya,
Behind BSNL Bhavana,
Hassan City,
Hassan District - 573 201.
2. Sri. Krishnegowda,
S/o late Gopale Gowda,
Aged about 65 years,
R/at Kattaya Village,
Kattaya Hobli,
Hassan District - 573 128. ... Petitioners
(By Sri. Dinesh Kumar K. Rao, Adv.)
AND:
1. State by Goruru Police,
Represented by SPP,
3
High Court,
Bengaluru - 560 001.
2. Padmaja M.V.,
Sr. Geologist, Major,
DMG, Hassan Town,
Hassan - 573 201. ...Respondents
(By Sri. Sandesh J Chouta, SPP - II)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR in Cr.No.85/2017 on the
file of Goruru Police Station and pending on the file of III
Additional Civil Judge (Jr.Dn) and JMFC, Hassan for the
offences P/U/Rule 42, 3(1) of Karnataka Minor Minerals
Concession Rule and Sections 4(1) and 4(1a) of Mines and
Minerals Regulation of Development Act Sections 379, 420 of
IPC.
IN CRL.P.No.8236/2017:
BETWEEN:
1. Sri. Manu G.K.,
S/o Kumaraswamy G.K.,
Aged about 33 years,
R/at Hanumanthapura Village,
Goruru Road,
Hassan District - 573 201.
2. Sri. K.R. Balakrishna,
S/o K.S. Ramegowda,
Aged about 59 years,
R/at Mahalakshmi Nilaya,
3rd Main, 7th Cross,
Shanthi Nagar,
Hassan District - 573 201. ... Petitioners
(By Sri. Dinesh Kumar K. Rao, Adv.)
4
AND:
1. State by Goruru Police,
Represented by SPP,
High Court,
Bengaluru - 560 001.
2. Padmaja M.V.,
Sr. Geologist, Major,
DMG, Hassan Town,
Hassan - 573 201. ...Respondents
(By Sri. Sandesh J Chouta, SPP - II)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR in Cr.No.90/2017 on the
file of Goruru Police Station and pending on the file of III
Additional Civil Judge (Jr.Dn) and JMFC, Hassan for the
offences P/U/Rule 42, 3(1) of Karnataka Minor Minerals
Concession Rule and Sections 4(1) and 4(1a) of Mines and
Minerals Regulation of Development Act and Sections 379
and 420 of IPC.
IN CRL.P.No.8237/2017:
BETWEEN:
1. Sri. Ramesh Kumara,
S/o M. Jeethamal,
Aged about 52 years,
Owner of Venkateshwara
Stone Crusher, Kattaya,
R/at Kothari Complex,
Chikkabashthi Road,
Hassan District - 573 201.
2. Sri. Mallesha,
S/o Davyagowda,
Aged about 62 years,
R/at Kattaya Village,
Kattaya Hobli,
5
Hassan District - 573 128. ... Petitioners
(By Sri. Dinesh Kumar K. Rao, Adv.)
AND:
1. State by Goruru Police,
Represented by SPP,
High Court,
Bengaluru - 560 001.
2. Padmaja M.V.,
Sr. Geologist, Major,
DMG, Hassan Town,
Hassan - 573 201. ... Respondents
(By Sri. Sandesh J Chouta, SPP - II)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR in Cr.No.89/2017 on the
file of Goruru Police Station and pending on the file of III
Additional Civil Judge (Jr.Dn) and JMFC, Hassan for the
offences P/U/Rule 42, 3(1) of Karnataka Minor Minerals
Concession Rule and Sections 4(1) and 4(1a) of Mines and
Minerals Regulation of Development Act and Sections 379,
420 of IPC.
IN CRL.P.No.8238/2017:
BETWEEN:
Sri. Krishnegowda,
S/o late Gopale Gowda,
Aged about 65 years,
R/at Kattaya Village,
Kattaya Hobli,
Hassan District - 573 128. ... Petitioner
(By Sri. Sudharshan L, Adv.)
6
AND:
1. State by Goruru Police,
Represented by SPP,
High Court,
Bengaluru - 560 001.
2. Padmaja M.V.,
Sr. Geologist, Major,
DMG, Hassan Town,
Hassan - 573 201. ...Respondents
(By Sri. Sandesh J Chouta, SPP - II)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR in Cr.No.84/2017 on the
file of Goruru Police Station and pending on the file of
Learned III Additional Civil Judge (Jr.Dn) and JMFC, Hassan
for the offences P/U/Rule 42, 3(1) of Karnataka Minor
Mineral Concession Rule and Sections 4(1) and 4(1a) of
Mines and Minerals Regulation of Development Act Sections
379, 420 of IPC.
IN CRL.P.No.8239/2017:
BETWEEN:
Sri. Chandrashekar,
S/o late K.S. Krishnappa,
Aged about 60 years,
R/at No.56/A, Vasudha,
2nd Stage, Opp. To Mathrushree
Kalyana Mantapa,
Kuvempu Nagar,
Hassan District - 573 201. ... Petitioner
(By Sri. Sudharshan L., Adv.)
7
AND:
1. State by Goruru Police,
Represented by SPP,
High Court,
Bengaluru - 560 001.
2. Padmaja M.V.,
Sr. Geologist, Major,
DMG, Hassan Town,
Hassan - 573 201. ...Respondents
(By Sri. Sandesh J Chouta, SPP - II)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR in Cr.No.91/2017 on the
file of Goruru Police Station and pending on the file of the
Learned III Additional Civil Judge (Jr.Dn.) and JMFC,
Hassan for the offences P/U/Rule 42, 3(1) of Karnataka
Minor Mineral Concession Rule and Sections 4(1) and 4(1a)
of Mines and Minerals Regulation of Development Act
Sections 379, 420 of IPC.
These Criminal Petitions coming on for admission this
day, the Court made the following:
ORDER
The petitioners in the above said cases submit that the respondent - Police have registered cases against them in different Crime numbers as noted above in the cause title for various offences under Rules 42 and 3(1) of Karnataka Minor Mineral Concession Rules, 1994 and Sections 4(1) and 4(1a) of Mines and Minerals (Regulation 8 of Development) Act, 1957 and Sections 379 and 420 of IPC.
2. The petitioners claim that the District Commissioner of Hassan by his order dated 3.5.2017 directed the officials of the Mines and Geology and the Revenue Department to conduct enquiry with regard to the death of three persons in Survey No.36 situate in the Forest area of Kattaya Village of Hassan Taluk while using explosive substances during illegal mining etc. Thereafter the concerned authorities found quarries of different sizes in the lands of the petitioners. Therefore the officers have conducted mahazar and issued demand notice dated 11.5.2017 to the petitioners calling upon them to appear for enquiry, give explanation and to produce documents. Thereafter the aforesaid cases have been registered against them in different crime numbers for the above said offences. The petitioners in fact submit that, they have not committed any offences, in fact they are authorized persons and law abiding citizens having valid licence in 9 Form - C and also approval from the concerned authorities and therefore they have not committed any offences as such.
3. In similar set of facts and circumstances, this Court considered the above said claim of the petitioners. But the Court has not quashed the proceedings. However, a liberty has been given to the petitioners to approach the concerned authorities along with the necessary documents with them and to explore the possibility of compounding the offence, as provided under Section 23(A) of Mines and Minerals (Regulation of Development) Act, 1957 and Rules thereunder. The offences under the MMRD Act can be compounded by the persons authorized under Section 22 of the said Act. Therefore the petitioners are hereby permitted to submit an application before the competent authority to explore the possibility of settlement. The authorities have to examine the said applications and also the documents produced by the petitioners in accordance 10 with law and thereafter explore the possibility of compounding.
4. In the event of any such applications for compounding is filed before the jurisdictional court, the Court shall consider the same as expeditiously as possible. Making such observation, this Court has permitted the petitioners in such manner. The same permission has been granted to the petitioners herein and the petitioners can approach the competent authority to explore the possibility of settlement. In view of the above said permission granted these petitions does not survive for consideration on merits. Accordingly, the petitions are disposed of.
Sd/-
JUDGE RS/* CT:SN