Karnataka High Court
Arjun Yallappa Ghasti vs The State Of Karnataka on 12 October, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12 T H DAY OF OCTOBER 2018
BEFORE
THE HON'BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No .101802 OF 2018
C/w.
CRIMINAL PETITION No s.101987, 101988, 101989,
101990, 101991, 101992, 101993, 101994, 101995,
101996, 101589, 101590, 101591, 101592, 101911,
101806, 101947, 101948, 101949, 101917, 101918,
102014, 102016, 102017, 102019, 102015, 102018,
102020, 101950, 101951, 101952, 101859, 101903 ,
101926, 101927, 102000 OF 2018
In Crl.P. No.101802 of 2018:
BETWEEN:
1. ARJUN YALLAPPA GHASTI,
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O: BENAKOLI,
TQ: HUKKERI,
DIST: BELAGAVI.
2. SATISH RAMA MEKALI,
AGE: 20 YEARS,
OCC: COOLIE,
R/O: BENAKOLI,
TQ: HUKKERI,
DIST: BELAGAVI.
:2: Crl. P. No.101802/2018
& Connected cases
3. RAMA LAGAMA MEKALI,
AGE: 20 YEARS,
OCC: COOLIE,
R/O: BENAKOLI,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
AND::
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH SANKESHWAR PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE FIR AND
COMPLAINT IN C.C.NO.991/2018 ON THE FILE OF CIVIL
JUDGE AND JMFC SANKESHWAR, (CRIME NO. 199/2018 OF
SANKESHWAR POLICE STATION) REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 379 READ WITH
34 OF IPC AND UNDER SECTION 4(1A), 21 AND 22 OF
MMRD ACT, 1957 AND UNDER RULE 3, 32, 42, 44 OF KMMC
RULES AS AGAINST PRESENT PETITIONER.
In Crl.P. No.101987 of 2018:
BETWEEN:
1. CHANDRU
S/O YASHAWANT BADDEPPANAVAR,
AGE: 26 YEARS,
OCC: DRIVER,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
2. SUBHASH
S/O HANAMANT HALAGI,
:3: Crl. P. No.101802/2018
& Connected cases
AGE: 46 YEARS,
OCC: AGRICULTURE & OWNER OF TRACTOR,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
.. PETITIONERS
(BY SRI SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KATKOL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.182/2018 OF KATKOL POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379 OF IPC AND UNDER SECTION 4(1), 21
OF MMDR ACT, 1957 AND UNDER RULES 3, 32, 44 OF
KMMCR.
In Crl.P. No.101988 of 2018:
BETWEEN:
1. RAVI S/O BHIMAPPA BHAJANTARI,
AGE: 27 YEARS, OCC: DRIVER,
R/O: GODACHI,
TQ: RAMDURG,
DIST: BELAGAVI.
2. IRANNA S/O YALLAPPA BAVANNAVAR
AGE: 35 YEARS, OCC: OWNER OF TIPPER,
R/O: GODACHI,
TQ: RAMDURG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
:4: Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KATKOL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.170/2018 OF KATKOL POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379 OF IPC AND UNDER SECTION 4(1), 21
OF MMDR ACT, 1957 AND UNDER RULES 3, 32, 44 OF
KMMCR.
In Crl.P. No.101989 of 2018:
BETWEEN:
BHIMAPPA
S/O SHIVANNAPPA HUDED
AGE: 38 YEARS,
OCC: AGRICULTURE,
R/O: JAMANAL,
TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH GOKAK RURAL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
:5: Crl. P. No.101802/2018
& Connected cases
COMPLAINT IN CRIME NO.184/2018 OF GOKAK RURAL
POLICE STATION REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTION 379 OF IPC AND UNDER
SECTION 4(1), 4(1A), 21, 42 R/W 22 OF MMDR ACT, 1957.
In Crl.P. No.101990 of 2018:
BETWEEN:
1. FAKIRAPPA
S/O BHIMASHEPPA HALAGI
AGE: 23 YEARS,
OCC: DRIVER,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
2. BHIMASHEPPA
S/O FAKKIRAPPA HALAGI
AGE: 50 YEARS,
OCC: OWNER,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KULGOD PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.119/2018 OF KULGOD POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379, 109 OF IPC AND UNDER SECTION
4(1), 4(1A) R/W 21 OF MMDR ACT, 1957.
:6: Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.101991 of 2018:
BETWEEN:
1. BHIMAPPA
MOTHER DURAGAVVA HARIJAN
AGE: 26 YEARS,
OCC: DRIVER,
R/O: GOSABAL,
TQ: GOKAK,
DIST: BELAGAVI.
2. BHIMAPPA @ BHIMASHEPPA
S/O FAKKIRAPPA HALAGI,
AGE: MAJOR,
OCC: OWNER OF TRACTOR,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KULGOD PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.147/2018 OF KULGOD POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379, 109 OF IPC AND UNDER SECTION
4(1), 4(1A) R/W 21 OF MMDR ACT, 1957.
In Crl.P. No.101992 of 2018:
BETWEEN:
SHIVAPPA
S/O YAMANAPPA BAYYAR,
:7: Crl. P. No.101802/2018
& Connected cases
AGE: 35 YEARS,
OCC: AGRICULTURE & DRIVER, OWNER,
R/O: SHILTIBHAVI,
TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH GOKAK RURAL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.185/2018 OF GOKAK RURAL
POLICE STATION REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTION 379 OF IPC AND UNDER
SECTION 4(1), 4(1A), 21, 42 R/W 22 OF MMDR ACT, 1957.
In Crl.P. No.101993 of 2018:
BETWEEN:
BHIMAPPA
S/O. SIDDAPPA HANJI,
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O. MELAVANKI,
TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
:8: Crl. P. No.101802/2018
& Connected cases
THROUGH GOKAK RURAL PS,
DISTRICT: DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.398/2018 (CRIME NO.164/2017
OF GOKAK RURAL POLICE STATION) ON THE FILE OF II
ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTION 379 OF
IPC AND UNDER SECTION 4(1), 4(1A), 21, 42, 22 OF MMDR
ACT, 1957 RULE 3, 42, 44 KMMC RULE 1994 IN SO FAR THIS
PETITIONER IS CONCERNED.
In Crl.P. No.101994 of 2018:
BETWEEN:
1. VITTAL
S/O. SIDDAPPA KADDI,
AGE:30 YEARS,
OCC: DRIVER,
R/O. ARABHAVI,
TQ:GOKAK,
DISTRICT :BELAGAVI.
2. MALAPPA
S/O. SIDDAPPA CHIGADOLLI,
AGE:21 YEARS,
OCC: AGRICULTURE,
R/O. MELAVANKI,
TQ: GOKAK,
DISTRICT: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
THROUGH GHATAPRABHA PS,
:9: Crl. P. No.101802/2018
& Connected cases
DISTRICT:DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO. 1193/2018 (CRIME NO.253/2017
OF GHATAPRABHA POLICE STATION) ON THE FILE OF I
ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTION 379 OF
IPC AND UNDER SECTION 4(1), 4(1A), 21, 42, 22 OF MMDR
ACT, 1957.
In Crl.P.No.101995 of 2018:
BETWEEN:
1. RAMJAN S/O SHOUKAT MANER,
AGE:28 YEARS,
OCC:DRIVER
R/O NIPPANI
TQ CHIKODI
DISTRICT BELAGAVI.
2. UTTAM S/O SADASHIV MORE,
AGE:48 YEARS,
OCC:AGRICULTURE
R/O YAMAGARNI
TQ CHIKODI
DISTRICT BELAGAVI
... PETITIONERS
(BY SRI.SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
THROUGH SANKESHWAR PS
DISTRICT BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
: 10 : Crl. P. No.101802/2018
& Connected cases
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.453/2018 ON THE FILE OF CIVIL
JUDGE AND JMFC SANKESHWAR, (CRIME NO.105/2017 OF
SANKESHWAR POLICE STATION) REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 379 R/W 34 OF
IPC AND UNDER SECTION 4(1A), 21 & 22 OF MMDR ACT,
1957.
In Crl.P. No.101996 of 2018:
BETWEEN:
1. GANARAJ S/O IRAGOUDA PATIL
AGE:25 YEARS,
OCC:DRIVER
R/O HUDKO COLONY SANKESHWAR
TQ HUKKERI
DISTRICT BELAGAVI
2. SMT.SHAILA W/O IRAGOUDA PATIL
AGE:48 YEARS,
OCC:HOUSEWIFE/OWNER
R/O HUDKO COLONY SANKESHWAR
TQ HUKKERI
DISTRICT BELAGAVI
... PETITIONERS
(BY SRI.SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR
THROUGH SANKESHWAR PS
DISTRICT BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN C.C.NO.796/2018 ON THE FILE OF CIVIL
JUDGE AND JMFC, SANKESHWAR, (CRIME NO.24/2018 OF
: 11 : Crl. P. No.101802/2018
& Connected cases
SANKESHWAR POLICE STATION) REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 379, 109 R/W 34
OF IPC AND UNDER SECTION 4(1A), 21 & 22 OF MMDR ACT,
1957.
In Crl.P. No.101589 of 2018:
BETWEEN:
SHRI. IRFAN
S/O HAYATACHAND DESAI
AGE: 26 YEARS,
OCC: AGRICULTURE,
R/O: PACHAPUR VILLAGE,
TQ: HUKKERI,
DIST: BELAGAVI
... PETITIONER
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI POLICE
STATION, BELAGAVI DISTRICT,
NOW REP BY STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE LODGED FIR
CRIME NO.148/2018 FOR OFFENCE U/S.379 OF IPC AND
U/S.4(1), 4(1A), 21 OF MMRD (MINES AND MINERALS
REGULATION & DEVELOPMENT) ACT 1957 IN SO FAR AS
PETITIONER HEREIN IS CONCERNED.
In Crl.P. No.101590 of 2018:
BETWEEN:
1. SHRI. GANGAPPA
S/O BALLAPPA KATABALI
: 12 : Crl. P. No.101802/2018
& Connected cases
AGE: 35 YEARS
OCC: AGRICULTURE,
R/O: CHILABHAVI
TQ: HUKKERI
DIST: BELAGAVI.
2. CHANDRAPPA
S/O RAMAPPA KALLATTI
AGE: 27 YEARS
OCC: AGRICULTURE,
R/O: CHILABHAVI
TQ: HUKKERI
DIST: BELAGAVI
3. SHRIKANTH
S/O BALLAPA KATABALI
AGE: MAJOR
OCC: AGRICULTURE,
R/O: CHILABHAVI
TQ: HUKKERI
DIST: BELAGAVI
... PETITIONERS
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI
POLICE STATION,
BELGAVI DIST,
NOW REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE LODGED FIR
CRIME NO.124/2018 FOR OFFENCE U/S.353, 379 OF IPC
AND U/S. 4(1), 4(1A), 21 MMRD (MINES AND MINERALS
REGULATION & DEVELOPMENT) ACT 1957 IN SO FAR AS
PETITIONERS HEREIN IS CONCERNED.
: 13 : Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.101591 of 2018:
BETWEEN:
1. SHRI. SADASHIV
S/O RAYAPPA BENDIGERI
AGE: 21 YEARS,
OCC: DRIVER,
R/O: CHILABANVI,
TQ: HUKKERI,
DIST: BELAGAVI.
2. SHETTEPPA
S/O SHETTEPPA KATABALI
AGE: 23 YEARS,
OCC: AGRICULTURE,
R/O: CHILABANVI,
TQ: HUKKERI,
DIST: BELAGAVI.
3. SHRIKANT
S/O BALAPPA KATABALI
AGE: MAJOR,
OCC: OWNER,
R/O: CHILABANVI,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI POLICE STATION,
BELAGAVI DISTRICT,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
: 14 : Crl. P. No.101802/2018
& Connected cases
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR CRIME
NO.223/2018 DATED 08.07.2018 REGISTERED BY
YAMAKANMARDI P.S., HUKKERI CIRCLE, BELGAVI FOR
OFFENCE U/S. 379 OF IPC AND U/S.4(1), 4(1A), 21 OF
MMRD (MINES AND MINERALS REGULATION &
DEVELOPMENT) ACT 1957 AND U/S.3, 32, 42, 44 OF KMMC
RULES (KARNATAKA MINOR MINERAL CONCESSION RULES)
1994, IN SO FAR AS PETITIONERS HEREIN ARE
CONCERNED.
In Crl.P. No.101592 of 2018:
BETWEEN:
MAURTI
S/O BALAPPA KATABALI
AGE: 38 YEARS,
OCC: DRIVER,
R/O: CHILABHAVI,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI POLICE STATION,
BELAGAVI DISTRICT,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE LODGED FIR
CRIME NO.185/2018 FOR OFFENCE U/S.379 OF IPC AND
U/S.4(1), 4(1A), 21 OF MMRD (MINES AND MINERALS
REGULATION & DEVELOPMENT) ACT 1957 AND U/SEC.3, 32,
42, 44 OF KMMC RULES (KARNATAKA MINOR MINERAL
: 15 : Crl. P. No.101802/2018
& Connected cases
CONCESSION RULES) 1994 IN SO FAR AS PETITIONERS
HEREIN IS CONCERNED.
In Crl.P. No.101911 of 2018:
BETWEEN:
MR.KIRAN S/O RAMAKANT BHOSLE
AGE: 42 YEARS,
OCC: BUSINESS,
R/O: 361, NEAR BUS STAND
DHARWAD ROAD,
TQ JOIDA, UTTARA KANNADA.
... PETITIONER
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH NANDAGAD POLICE STATION,
BELAGAVI DISTRICT,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND
FIR CRIME NO.108/2018 DATED 24.04.2018 REGISTERED
BY NANDAGAD PS, KHANAPUR CIRCLE, BELAGAVI FOR
OFFENCE U/S.379 OF IPC AND U/S.21, 22 OF MMRD (MINES
AND MINERALS REGULATION & DEVELOPMENT) ACT 1957
AND U/S.2, 32, 42, 44 OF KMMC RULES (KARNATAKA MINOR
MINERAL CONCESSION RULES) 1994, IN SO FAR AS
PETITIONER HEREIN IS CONCERNED.
In Crl.P. No.101806 of 2018:
BETWEEN:
SHRI. ASHOK
S/O SATYAPPA METRI
: 16 : Crl. P. No.101802/2018
& Connected cases
AGE: 51 YEARS,
OCC: AGRICULTURE,
R/O: ANANTPUR,
TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. VITTHAL S. TELI, ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
THROUGH ATHANI POLICE STATION,
ATHANI, BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING THAT THE ENTIRE PROCEEDINGS
IN ATHANI PS.CR.NO.31/2018 FOR THE OFFENCES U/S.379
OF IPC & U/S.4(1), 4(1A), 21 OF MMDR ACT 1957 AND
RULES 3, 32, 44 OF KARNATAKA MINOR MINERAL
CONCESSION RULES 1994 ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC COURT, ATHANI IN SO FAR
PETITIONER/ACCUSED NO.2 BE QUASHED.
In Crl.P. No.101947 of 2018:
BETWEEN:
DUNDAPPA CHANNAPPA TAKKADI
AGE.48 YEARS
OCC. AGRICULTURE
R/O YADAWAD
TALUKA. YADAWAD
DISTRICT. BELAGAVI
... PETITIONER
(BY SRI. VITTHAL S TELI ADV.)
: 17 : Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA, DHARWAD
THROUGH KULAGOD POLICE STATION
KULAGOD, BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING THAT THE ENTIRE PROCEEDING
IN KULGOD PS.CR.NO.31/2018 FOR THE OFFENCES
PUNISHABLE U/S.379, 109 OF IPC & U/SEC.4(1), 4(1A)
R/W.21 OF MMDR ACT 1957 AND RULES 3, 32, 44 OF THE
KARNATAKA MINOR MINERAL CONCESSION RULES 1994 ON
THE FILE OF CIVIL JUDGE AND JMFC, MUDALAGI IN SO FAR
PETITIONER/ACCUSED NO.2 BE QUASHED.
In Crl.P. No.101948 of 2018:
BETWEEN:
NINGAPPA
S/O ANNAPPA MUKANAVAR
AGE: YEARS
OCC. BUSINESS
R/O MAIGUR
TQ,. JAMKHANDI
DIST. BAGALKOT
... PETITIONER
(BY SRI. VITTHAL S TELI ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED ITS STATE PUBLIC
PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD
THROUGH ATHANI POLICE STATION
: 18 : Crl. P. No.101802/2018
& Connected cases
ATHANI, TAL. ATHANI
DIST. BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING THAT THE FIR AND COMPLAINT IN
ATHANI PS.CR.NO.217/2018 ON THE FILE OF PRL. CIVIL
JUDGE AND JMFC COURT, ATHANI FOR THE OFFENCE
PUNISHABLE U/SEC.379 OF IPC & U/S.4(1), 4(1A), 21 OF
MMDR ACT 1957 & U/S.3, 32, 44 OF KMMC RULES 1994, BE
QUASHED IN SO FAR PETITIONER/ACCUSED NO.2.
In Crl.P. No.101949 of 2018:
BETWEEN:
SIDARAMAYYA BASAVANGUDI @
SHIVAYYA PUJERI
AGE.28 YEARS
OCC. BUSINESS
R/O KAKAMARI
TQ. ATHANI
DIST. BELAGAVI
... PETITIONER
(BY SRI. VITTHAL S TELI ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD, THROUGH
AIGALI POLICE STATION
AIGALI, TAL. ATHANI
DIST. BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING THAT ENTIRE PROCEEDING IN
: 19 : Crl. P. No.101802/2018
& Connected cases
AIGALI PS.CR.NO.119/2018 ON THE FILE OF IV ADDL. CIVIL
JUDGE AND JMFC COURT, ATHANI FOR THE OFFENCE
PUNISHABLE U/SEC.379 OF IPC & U/S.4(1), 4(1A), 21, 42 &
22 OF MMDR ACT 1957, BE QUASHED SO FAR AS
PETITIONER IS CONCERNED.
In Crl.P. No.101917 of 2018:
BETWEEN:
1. MALLAPPA S/O NANDEPPA MALAKAPPANAVAR
AGE.50 YEARS
OCC. AGRICULTURE
R/O HIPPARAGI
TALUK. JAMKHANDI
DISTRICT. BAGALKOT
2. SANGAPPA S/O SADEPPA TELSANG
AGE.30 YEARS
OCC. AGRICULTURE
R/O HIPPARAGI
TALUK. JAMKHANDI
DISTRICT. BAGALKOT
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY ATHANI POLICE
REP BY ADDL SPP
HIGH COURT OF KARNATAKA
BENCH DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION OF
THE ATHANI PS.CR.NO.301/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 4(1), 4(1)(A), 21 OF MMRD
ACT 1957, UNDER RULE 3, 32 AND 44 OF KMMC RULES AND
U/SEC.379 OF IPC PENDING ON THE FILE OF PRL. JMFC
COURT, MUDALAGI.
: 20 : Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.101918 of 2018:
BETWEEN:
BHUJABALI S/O APPASAB
MALAGOUDANAVAR
AGE.38 YEARS
OCC. DRIVER
R/O TEERTH
TALUK.ATHANI
DISTRICT. BELAGAVI
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY ATHANI POLICE
REP BY ADDL SPP
HIGH COURT OF KARNATAKA
BENCH DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION OF
THE ATHANI PS.CR.NO.310/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 4(1), 4(1)(A), 21 OF MMRD
ACT 1957, UNDER RULE 3, 32 AND 44 OF KMMC RULES AND
U/SEC.379 OF IPC PENDING ON THE FILE OF PRL. JMFC
COURT, MUDALAGI IN SO FAR AS PETITIONER CONCERNED.
In Crl.P. No.102014 of 2018 :
BETWEEN:
DASHARAT KONDIBA PATIL
AGE:50 YEARS,
OCC :AGRICULTURE/
OWNER CUM DRIVER OF THE
: 21 : Crl. P. No.101802/2018
& Connected cases
TRACTOR AND TRAILER,
R/O. SAMBARGI, TQ:ATHANI,
DIST:BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY ATHANI POLICE REP BY
ADDL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO. 46/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1),
4(1A), 21 OF MMRD ACT 1957, UNDER RULE 3, 32 AND 44
OF KMMC RULES AND U/SEC.379 OF IPC PENDING ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC COURT ATHANI.
In Crl.P. No.102016 of 2018:
BETWEEN:
1. SUSHILABAI W/O MAHADEV MADAR
AGE: 59 YEARS,
OCC: AGRICULTURE/ OWNER OF THE
TRACTOR AND TRAILER,
R/O: SUTTATTI, TQ: ATHANI,
DIST: BELAGAVI.
2. MARUTI S/O MAHADEV MADAR
AGE: 32 YEARS,
OCC: AGRICULTURE/DRIVER OF THE
TRACTOR AND TRAILER,
R/O: SUTTATTI, TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
: 22 : Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
BY AIGALI POLICE,
REP BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE AIGALI PS.CR.NO.124/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1)(A),
21, 42 R/W SEC.22 OF MMRD ACT 1957, UNDER SECTION
379 OF IPC PENDING ON THE FILE OF PRL. CIVIL JUDGE
AND JMFC COURT ATHANI.
In Crl.P. No.102017 of 2018:
BETWEEN:
ANIL S/O MAHADEV KHOT
AGE: 28 YEARS,
OCC: AGRICULTURE/OWNER OF THE TIPPER,
BEARING NO.KA-23/A-3550,
R/O: SAMBARGI,
TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY ATHANI POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
: 23 : Crl. P. No.101802/2018
& Connected cases
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO. 50/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1),
4(1A), 21 OF MMRD ACT 1957, UNDER RULES 3, 32 AND 44
OF KMMC RULES AND U/SEC.379 OF IPC PENDING ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC COURT ATHANI.
In Crl.P. No.102019 of 2018:
BETWEEN:
SHIVAJI S/O NARAYAN SAVANT
AGE: 40 YEARS
OCC: AGRICULTURE /OWNER
OF THE TRACTOR
R/O: CHAMAKERI,
TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL)
AND:
THE STATE OF KARNATAKA,
BY ATHANI POLICE,
REP. BY ADDL. STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO.45/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1),
4(1A), 21 OF MMRD ACT 1957, UNDER RULE 3, 32 AND 44
OF KMMC RULES AND U/SEC.379 OF IPC PENDING ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC COURT ATHANI.
: 24 : Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.102015 of 2018:
BETWEEN:
1. SAMBHAJI S/O KAREPPA KHANDEKAR
AGE:31 YEARS, OCC: AGRICULTURE/OWNER
R/O SAMBARGI,
TALUK:ATHANI, DISTRICT BELAGAVI
2. SURESH S/O SHIVAJI CHOUGALE
AGE:25 YEARS,
OCC:DRIVER/AGRICULTURE,
R/O SAMBARGI, TALUK:ATHANI,
DISTRICT BELAGAVI
3. KAREPPA S/O NINGAPPA KHANDEKAR
AGE:75 YEARS, OCC: AGRICULTURE,
R/O SAMBARGI, TALUK:ATHANI,
DISTRICT:BELAGAVI
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY ATHANI POLICE
REP BY ADDL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENCH DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION OF
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO.137/2018
FOR THE OFFENCE PUNISHABLE U/SEC.4(1), 4(1A), 21 OF
MMRD ACT 1957, UNDER RULE 3, 32 AND 44 OF KMMC
RULES AND U/SEC.379 OF IPC PENDING ON THE FILE OF
PRL. CIVIL JUDGE AND JMFC COURT, ATHANI, IN SO FAR AS
PETITIONER IS CONCERNED.
: 25 : Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.102018 of 2018:
BETWEEN:
AYYAPPA S/O LAKKAPPA BIRADAR
AGE: 40 YEARS,
OCC: AGRICULTURE AND
OWNER OF THE MH-45/S-4378,
R/O ARATAL, TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY JAMAKHANDI RURAL POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE JAMAKHANDI RURAL
PS.CR.NO.98/2017 (C.C.NO.148/2018) FOR THE OFFENCE
PUNISHABLE U/SEC.4(1), 4(1A), 21 OF MMRD ACT 1957,
UNDER RULE 44 OF KMMC RULES AND U/SEC.379 OF IPC
PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC
COURT, JAMAKHANDI IN SO FAR AS PETITIONER IS
CONCERNED.
In Crl.P. No.102020 of 2018:
BETWEEN:
1. SHRI. DHAREPPA
S/O KARABASU ALLITTI
AGE: 50 YEARS,
OCC: OWNER OF THE TIPPER/AGRICULTURE,
R/O: A/P: KHILEGAON,
TQ: ATHANI, DIST: BELAGAVI.
: 26 : Crl. P. No.101802/2018
& Connected cases
2. SHRI.BASAVARAJ
S/O APPASAB @ APPASAHEB GONDHALI
AGE: 34 YEARS, OCC: DRIVER,
R/O: SHIVAYOGI NAGAR, ATHANI,
TQ: ATHANI, DIST: BELAGAVI.
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY AIGALI POLICE
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF AIGALI PS.CR.NO.151/2018 FOR
THE OFFENCE PUNISHABLE U/SEC.4(1), 4(1A), 21, 42 R/W
SEC.22 OF MMRD ACT 1957 AND U/SEC.379 OF IPC
PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC
COURT, ATHANI.
In Crl.P. No.101950 of 2018:
BETWEEN:
1. SHRI.ARJUN NARAYAN KESARKAR
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: NO.651, MATH GALLI, NANDAGAD,
DIST: BELAGAVI.
2. SHRI.SUBHASH VAMAN PATIL
AGE: 52 YEARS,
OCC: AGRICULTURE,
R/O: KASABA, NANDAGAD,
TQ:KHANAPUR DIST: BELAGAVI.
... PETITIONERS
(BY SRI.VISHWANATH BADIGER, ADV.)
: 27 : Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
PRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
(NANDAGAD P.S.),
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT: DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND
QUASH THE FIR REGISTERED AGAINST THE PETITIONERS /
ACCUSED NO.1 AND 2 IN CRIME NO.72/2018 REGISTERED
BY NANDAGAD PS FOR THE OFFENCES PUNISHABLE
U/SEC.21 AND 22 OF MINES AND MINERALS REGULATION
OF DEVELOPMENT ACT AND SEC.3, 32, 42 R/W SEC.44 OF
KMMC RULES 1994 AND SEC.379 OF IPC.
In Crl.P. No.101951 of 2018:
BETWEEN:
RAJARAM RUKMANNA GORAL
AGE: 40 YEARS,
OCC: AGRICULTURE,
R/O: A/POST: HARURI,
TQ: KHANAPUR,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.VISHWANATH BADIGER ADV.)
AND:
THE STATE OF KARNATAKA
PRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
(KHANAPUR P.S.),
HIGH COURT OF KARNATAKA,
: 28 : Crl. P. No.101802/2018
& Connected cases
DHARWAD BENCH,
AT: DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND
QUASH THE FIR REGISTERED AGAINST THE PETITIONER IN
CRIME NO.92/2018 REGISTERED BY KHANAPUR PS FOR THE
OFFENCES PUNISHABLE U/SEC.4(1A) AND SEC.21 AND 22
OF MINES AND MINERALS REGULATION & DEVELOPMENT
ACT AND SEC.379 OF IPC.
In Crl.P. No.101952 of 2018:
BETWEEN:
PANDURANG NAMADEV PATIL
AGE:34 YRS, OCC: DRIVER,
R/O.NO.131, HARURI MANTURGA,
TAL KHANAPUR, DIST:BELAGAVI
... PETITIONER
(BY SRI.VISHWANATH BADIGER ADV.)
AND:
THE STATE OF KARNATAKA
PRESENTED BY ITS,
STATE PUBLIC PROSECUTOR
(KHANAPUR P S)
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND
QUASH THE FIR REGISTERED AGAINST THE PETITIONER IN
CRIME NO.91/2018 REGISTERED BY KHANAPUR PS FOR THE
OFFENCES PUNISHABLE UNDER SECTION 4(1A) AND SEC.21
AND 22 OF MINES AND MINERALS REGULATION &
DEVELOPMENT ACT AND SEC.379 OF IPC.
: 29 : Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.101859 of 2018:
BETWEEN:
SHIVAPPA
S/O. REVAPPA MALI
AGE:38 YEARS,
OCC: BUSINESS,
R/O. KHONDOBA MANDIR,
KODI MALA, SATARA ROAD,
JATH, TALUK:JATH,
DISTRICT:SANGLI.
PIN CODE: 416404
STATE: MAHARASHTRA
... PETITIONER
(BY SRI.SANGAMESH S GHULAPPANAVAR ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
THROUGH ATHANI POLICE STATION,
ATHANI, BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.308/2018, REGISTERED BY
THE ATHANI POLICE STATION AS AGAINST THE PETITIONER
HEREIN FOR THE ALLEGED OFFENCES UNDER SECTION 379
OF IPC R/W SEC.4(1), 4(1A) & 21 OF MMDR ACT, 1957 AND
RULES 3, 32 & 44 OF KARNATAKA MINE MINERAL
CONCESSION RULES 1994, PENDING ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN.) & JMFC COURT, ATHANI, AS
AGAINST THE PETITIONER/ACCUSED (OWNER-CUM DRIVER
OF TIPPER MH-10/AW7584).
: 30 : Crl. P. No.101802/2018
& Connected cases
In Crl.P. No.101903 of 2018:
BETWEEN:
SHRI.RAMCHANDRA
S/O MUTTEPPA NAGANUR
AGE: 25 YEARS,
OCC: AGRICULTURE,
R/O: KEMMANAKOL VILLAGE,
TQ: GOKAK, DIST: BELAGAVI.
... PETITIONER
(BY SRI.SANTOSH S HATTIKATAGI ADV.)
AND:
THE STATE OF KARNATAKA
R/BY KULGOD POLICE STATION,
THROUGH STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE
PROCEEDINGS PENDING ON THE FILE OF ADDL. CIVIL
JUDGE AND JMFC, GOKAK IN KULGOD PS.CRIME
NO.60/2018 FOR THE OFFENCE PUNISHABLE UNDER 379 OF
IPC AND SECTIONS 4(1), 4(1A) R/W SEC.21 OF MMRD ACT.
In Crl.P. No.101926 of 2018:
BETWEEN:
BHIMAPPA FAKIRAPPA MAYANNAVAR
AGE: 35 YEARS,
OCC: AGRICULTURE,
R/O: TORANAGATTI-591114,
TQ: SAVADATTI,
DIST: BELAGAVI
... PETITIONER
(BY SRI.SANTOSH.B.RAWOOT ADV.)
: 31 : Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
BY MURGOD POLICE STATION,
REPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO CALL FOR THE RELEVANT
RECORDS AND TO ALLOW THIS CRIMINAL PETITION BY
QUASHING THE FIR AND COMPLAINT CHARGE SHEET FILED
IN C.C.NO.1008/2018 (MURGOD PS CRIME NO.112/2018)
OF MURGOD POLICE STATION, BELAGAVI, FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTION 379 OF
IPC, MMRD (MINES AND MINERALS REGULATION &
DEVELOPMENT) ACT 1957 (U/SEC. 4(1), 4(1A), 21),
KARNATAKA MINOR MINERAL CONCESSION RULES 1994
(U/SEC.3, 32, 44), THEREBY REGISTERING THE CASE
AGAINST THE PETITIONER AND CONSEQUENTLY QUASH THE
ENTIRE PROCEEDINGS PENDING THEREON.
In Crl.P. No.101927 of 2018:
BETWEEN:
1. SHRI. KALLOLI MARUTI KALSANNAVAR
AGE.40 YEARS, OCC. AGRICULTURE
R/O KATKOL-591114
TQ. RAMDURG,
IST. BELAGAVI
2. SHRI. TUKARAM HANAMANTH HEGED
AGE.55 YEARS, OCC. AGRICULTURE
R/O AT POST SUNELKERI
(JIWAPUR)-591114
TQ. RAMDURG, DIST. BELAGAVI
... PETITIONERS
(BY SRI.SANTOSH.B.RAWOOT ADV.)
: 32 : Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
BY KANKOL POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
DAHRWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO CALL FOR THE RELEVANT
RECORDS AND TO ALLOW THIS CRIMINAL PETITION BY
QUASHING THE FIR AND COMPLAINT IN KATKOL PS CRIME
NO.111/2018 FIELD BY THE KATKOL POLICE STATION, FOR
THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 379
OF IPC, MMRD (MINES AND MINERALS REGULATION &
DEVELOPMENT) ACT 1957 (U/SEC.4(1), 4(1A), 21),
KARNATAKA MINOR MINERAL CONCESSION RULES 1994
(U/SEC.3, 32, 44), THEREBY REGISTERING THE CASE
AGAINST THE PETITIONERS AND CONSEQUENTLY QUASH
THE ENTIRE PROCEEDINGS PENDING THEREON.
In Crl.P. No.102000 of 2018:
BETWEEN:
1. UMESH YANKAPPA WADIYAR
AGE:28 YEARS,
OCC: AGRICULTURE,
R/O. MANIKATTI,
TAL:SAUDATTI,
IST:BELAGAVI.
2. YANKAPPA RAMAPPA WADIYAR
AGE:28 YEARS,
OCC: AGRICULTURE,
R/O. MANIKATTI,
TAL:SAUDATTI,
DIST:BELAGAVI.
... PETITIONERS
(BY SRI.SANGAMESH S GHULAPPANAVAR ADV.)
: 33 : Crl. P. No.101802/2018
& Connected cases
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD
THROUGH SAUNDATTI POLICE STATION,
ATHANI, BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.26/2018, REGISTERED BY
SAUNDATTI POLICE STATION AS AGAINST THE
PETITIONERS HEREIN FOR THE ALLEGED OFFENCE U/S.379
OF IPC R/W SECTION 4(1), 4(1A) & 21 , 22 OF MMDR ACT,
1957, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.)
& JMFC COURT, SAUNDATTI, AS AGAINST THE
PETITIONERS/ACCUSED NOS.2 & 4.
These Petitions coming on for Admission, this day the
Court made the following:
ORDER
Sri.Praveen K.Uppar learned HCGP accep ts notice for the respondent. With consent of both parties, the matters are taken up for final disposal.
2. Though, all these cases arise out of different Crime numbers of different police stations and p end ing b efore different Courts, since issue : 34 : Crl. P. No.101802/2018 & Connected cases involved in the cases is only question of law and the same is common in all these cases, they are taken up together for d isposal by this common order.
3. The respondent police in all these cases registered criminal cases ag ainst the respective petitioners for the offences punishable under Sections 4, 4(1A), 21, 42 read with Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') and und er Rules 3, 32 and 44 of the Karnataka Minor Mineral Concessions Rules, 1994 (for short 'Rules') and Section 379 of the Indian Penal Cod e, 1860 (for short 'IPC'), etc. For the purpose of b revity and convenience, the particulars of the Crime numb er, police station, name of the complainant and his designation are set out in the tab ular column below:
Complainant's Sl. Crime Case Number Police Station name and No. Number designation 1 Crl.P. Sankeshwar 199/2018 H.D.Mulla, PSI No.101802/2018 P.S. 2 Crl.P. 182/2018 Katkol P.S. R.M. Sankanal, PSI No.101987/2018 3 Crl.P. 170/2018 Katkol P.S. R.M. Sankanal, PSI No.101988/2018 : 35 : Crl. P. No.101802/2018 & Connected cases 4 Crl.P. Gokak Rural G.B.Konganolli, 184/2018 No.101989/2018 P.S. PSI 5 Crl.P. 119/2018 Kulagod P.S. K.N.Pattar, ASI No.101990/2018 6 Crl.P. 147/2018 Kulagod P.S. R.Y.Bilagi, PSI No.101991/2018 7 Crl.P. Gokak Rural G.B.Konganolli, 185/2018 No.101992/2018 P.S. PSI 8 Crl.P. Gokak Rural 164/2017 S.R.Kattimani, PI No.101993/2018 P.S. 9 Crl.P. Ghataprabha 253/2017 S.R.Kattimani, PI No.101994/2018 P.S. 10 Crl.P. Sankeshwar 105/2017 A.K.Kamble, PSI No.101995/2018 P.S. 11 Crl.P. Sankeshwar 24/2018 H.D.Mulla, PSI No.101996/2018 P.S. 12 Crl.P. Yamakan 148/2018 S.B.Patil, PSI No.101589/2018 maradi P.S. 13 Crl.P. Yamakan 124/2018 S.B.Patil, PSI No.101590/2018 maradi P.S. 14 Crl.P. Yamakan 223/2018 B.S.Talwar, PSI No.101591/2018 maradi P.S. 15 Crl.P. Yamakan 185/2018 S.B.Patil, PSI No.101592/2018 maradi P.S. 16 Crl.P. M.B.Holleppagol, No.101911/2018 108/2018 Nandagad P.S. ASI 17 Crl.P. Suresh C. No.101806/2018 31/2018 Athani P.S. Bendegumbal, PSI (L&O) 18 Crl.P. 31/2018 Kulgod P.S. R.Y.Bilagi, PSI No.101947/2018 19 Crl.P. Suresh C. No.101948/2018 217/2018 Athani P.S. Bendegumbal, PSI (L&O) 20 Crl.P. No.101949/2018 119/2018 Aigali P.S. H.D.Mulla, PSI 21 Crl.P. Suresh C. No.101917/2018 301/2018 Athani P.S. Bendegumbal, PSI (L&O) 22 Crl.P. Suresh C. No.101918/2018 310/2018 Athani P.S. Bendegumbal, PSI (L&O) : 36 : Crl. P. No.101802/2018 & Connected cases 23 Crl.P. Suresh C. No.102014/2018 46/2018 Athani P.S. Bendegumbal, PSI (L&O) 24 Crl.P. 124/2018 Aigali P.S. H.D.Mulla, PSI No.102016/2018 25 Crl.P. Suresh C. No.102017/2018 50/2018 Athani P.S. Bendegumbal, PSI (L&O) 26 Crl.P. Suresh C. No.102019/2018 45/2018 Athani P.S. Bendegumbal, PSI (L&O) 27 Crl.P. Ramagond No.102015/2018 137/2018 Athani P.S. B.Basargi, DSP, Athani Sub Division 28 Crl.P. Jamakhandi P.S.Chanagonda, No.102018/2018 98/2017 TEM, Govt. Official Rural P.S. (Gazetted Officer) 29 Crl.P. 151/2018 Aigali P.S. M.B.Biradar, PSI No.102020/2018 30 Crl.P. Sanjay Kumar 72/2018 Nandagad P.S. No.101950/2018 Kallur, PSI 31 Crl.P. 92/2018 Khanapur P.S. I.S.Gurunath, CPI No.101951/2018 32 Crl.P. 91/2018 Khanapur P.S. I.S.Gurunath, CPI No.101952/2018 33 Crl.P. Suresh C. No.101859/2018 308/2018 Athani P.S. Bendegumbal, PSI (L&O) 34 Crl.P. 60/2018 Kulgod P.S. R.Y.Bilagi, PSI No.101903/2018 35 Crl.P. Prasad Phanekar, 112/2018 Murgod P.S. No.101926/2018 PSI 36 Crl.P. 111/2018 Katkol P.S. R.M.Sankanal, PSI No.101927/2018 37 Crl.P. I.M.Mathapati, PSI 26/2018 Savadatti P.S. No.102000/2018 (L&O)
4. In all the above cases, the alleg ations ag ainst the petitioners were that they were illeg ally extracting / transporting sand -the Government : 37 : Crl. P. No.101802/2018 & Connected cases property without valid permit or evad ing payment of required royalty. The alleg ations are that thereby they have committed theft of Government p roperty / sand which constitute the offences punishable under Section 379 IPC and Sections 4, 4(1), 4(1A), 21 & 42 read with Section 22 of the MMDR Act and und er Rules 3, 32 & 44 of the Rules.
5. The learned counsel for the petitioners seek quashing of the aforesaid proceedings on the following grounds:
(i) As per Section 22 of the MMDR Act, only an officer authorised as per Rule 2(1)(a-1-a) of the Rules shall file complaints;
(ii) The comp lainants / informants were not authorised persons to file the complaint.
(iii) Even authorised officers have to file complaint b efore the Mag istrate and not : 38 : Crl. P. No.101802/2018 & Connected cases before the Station House Officer of the police station;
(iv) The police are not competent to receive such complaints and take up investig ation on such complaints.
6. Sri.Praveen K.uppar, learned HCGP submits that the police are competent to file the report and on such reports register FIR when the complaints is for the offences punishab le under IPC.
7. Therefore, the q uestion involved in all the above cases is whether a complaint for violation of the p rovisions of MMDR Act can be filed before the Station House Officer of a police station and on such complaint whether the respondent police could register the FIR and take up the investig ation?
8. Section 22 of the MMDR Act reads as und er:
"22. Cognizance of offences.―No court shall take cognizance of any offence punishable under this Act or any : 39 : Crl. P. No.101802/2018 & Connected cases rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government."
9. Complaint is d efined in Section 2(d) of the Code of Criminal Procedure, 1973 [for short 'Cr.P.C.'] as follows:
"2. Definitions.--In this Code, unless the context otherwise requires.--
(d) "Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence but does not include a police report."
10. Rule 2(1)(a-1-a) of the Rules d efines the authorised officer as follows:
"2(1) (a-1-a) "Authorised Officer"
means an officer not below the rank of Group B authorized by the State Government or the Commissioner or the Director of Mines and Geology or Deputy Commissioner of the District to act for the specific purpose under these Rules." : 40 : Crl. P. No.101802/2018
& Connected cases
11. The p erusal of the above provisions make it clear that the Court is b arred from taking cognizance of the offences und er the MMDR Act or the Rules mad e thereund er unless the comp laint in writing is mad e by the persons authorised under Rule 2(1)(a-1-a) of the Rules. Since Section 2(d) of Cr.P.C. excludes the police report from the definition of complaint essentially the comp laint has to b e filed b efore the Mag istrate.
12. In these cases, complainants have not stated in their complaints that they are the persons authorised und er Rule 2(1)(a-1-a) of the Rules to file complaint. The complaints are not accompanied by any such authorization notifications. Even assuming that they are so authorised , the complaint in respect of the offences und er the MMDR Act and Rules ought to have been filed before the Mag istrate and not before the Station House Officer of the police station.
: 41 : Crl. P. No.101802/2018
& Connected cases
13. Hon'b le Sup reme Court in p arag rap hs 72 & 73 of the judgment in State (NCT of Delhi) Vs. Sanjay, (2014) 9 SCC 772 case in this reg ard has held as follows:
"72. From a close reading of the provisions of MMDR Act and the offence defined under Section 378 IPC, it is manifest that the ingredients constituting the offence are different. The contravention of terms and conditions of mining lease or doing mining activity in violation of Section 4 of the Act is an offence punishable under Section 21 of the MMDR Act, whereas dishonestly removing sand, gravel and other minerals from the river, which is the property of the State, out of State's possession without the consent, constitute an offence of theft. Hence, merely because initiation of proceeding for commission of an offence under the MMDR Act on the basis of complaint cannot and shall not debar the police from taking action against persons for committing theft of sand and minerals in the manner mentioned above by exercising power under the Code of : 42 : Crl. P. No.101802/2018 & Connected cases Criminal Procedure and submit a report before the Magistrate for taking cognizance against such persons. In other words, in a case where there is a theft of sand and gravel from the Government land, the police can register a case, investigate the same and submit a final report under Section 173 Cr.P.C. before a Magistrate having jurisdiction for the purpose of taking cognizance as provided in Section 190(1)(d) of the Code of Criminal Procedure.
73. After giving our thoughtful consideration in the matter, in the light of relevant provisions of the Act vis-à- vis the Code of Criminal Procedure and the Indian Penal Code, we are of the definite opinion that the ingredients constituting the offence under the MMDR Act and the ingredients of dishonestly removing sand and gravel from the riverbeds without consent, which is the property of the State, is a distinct offence under IPC. Hence, for the commission of offence under Section 378 IPC, on receipt of the police : 43 : Crl. P. No.101802/2018 & Connected cases report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the MMDR Act. Consequently, the contrary view taken by the different High Courts cannot be sustained in law and, therefore, overruled. Consequently, these criminal appeals are disposed of with a direction to the concerned Magistrates to proceed accordingly."
(Emphasis supplied)
14. A read ing of the above judgment makes it clear that the p olice are not competent to register the FIR for the offences punishab le under MMDR Act or the Rules, but they are not b arred from registering the FIR for the offences punishab le und er IPC. Therefore, the FIR and consequential Criminal proceedings pend ing b efore the Mag istrate in the above cases so far they relate to the offences : 44 : Crl. P. No.101802/2018 & Connected cases und er MMDR Act and Rules are liable to be quashed. Therefore, the petitions are p artly allowed.
15. The first information report and other conseq uential p roceedings in the below mentioned cases so far they relate to the offences punishab le und er the MMDR Act and the Rules are hereby quashed:
Crime Number Police Station 199 of 2018 Sankeshwar P.S. 182 of 2018 Katkol P.S. 170 of 2018 Katkol P.S. 184 of 2018 Gokak Rural P.S. 119 of 2018 Kulagod P.S. 147 of 2018 Kulagod P.S. 185 of 2018 Gokak Rural P.S. 164 of 2017 Gokak Rural P.S. 253 of 2017 Ghataprabha P.S. 105 of 2017 Sankeshwar P.S. 24 of 2018 Sankeshwar P.S. 148 of 2018 Yamakan maradi P.S. 124 of 2018 Yamakan maradi P.S. 223 of 2018 Yamakana maradi P.S. 185 of 2018 Yamakan maradi P.S. 108 of 2018 Nandagad P.S. 31 of 2018 Athani P.S. 31 of 2018 Kulgod P.S. 217 of 2018 Athani P.S. 119 of 2018 Aigali P.S. 301 of 2018 Athani P.S. 310 of 2018 Athani P.S. 46 of 2018 Athani P.S. 124 of 2018 Aigali P.S. : 45 : Crl. P. No.101802/2018 & Connected cases 50 of 2018 Athani P.S. 45 of 2018 Athani P.S. 137 of 2018 Athani P.S. 98 of 2017 Jamakhandi Rural P.S. 151 of 2018 Aigali P.S. 72 of 2018 Nandagad P.S. 92 of 2018 Khanapur P.S. 91 of 2018 Khanapur P.S. 308 of 2018 Athani P.S. 60 of 2018 Kulgod P.S. 112 of 2018 Murgod P.S. 111 of 2018 Katkol P.S. 26 of 2018 Savadatti P.S. Liberty is reserved to the Government to proceed with regard to the offences under the MMDR Act & the Rules in the aforesaid cases in accord ance with law.
Sd/-
JUDGE RK/-