Karnataka High Court
Koti Reddy S/O K Sesha Reddy vs State Of Karnataka on 17 February, 2016
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
IN THE HIGH COURT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 17 T H DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR. JUS TICE S.N. SA TYANARAYANA
CRIMINAL PETITION NO .100244/2015
BETWEEN:
1. KOTI REDDY S/O K SESHA REDDY
AGED ABOUT 45 YEA RS,
HOUSE NO.8-2-693/12-14,
G3, ROAD NO.12, BANJARA HILLS,
HYDERABAD: (A.P.)
2. MALLIKARJUN RAO S/O VENKA TAPPAYYA
AGED ABOUT 43 YEA RS,
HOUSE NO.40-13-26, 6 T H LANE,
GOPALNAGAR ONGOLE WARANGAL
ANDHRA PRADESH
.. PETITIONERS
(BY SRI L M CH IDANANDAYYA, ADVOCATE.)
AND:
1. STA TE OF KARNA TAKA
REPRESENTED BY ITS SPP,
HIGH COURT OF KARNA TAKA,
DHARWAD BENCH,
BY SUB INSPECTOR OF POLICE,
GADAG RURAL POLICE S TA TION,
GADAG DISTRICT, GADAG-582101
2
2. SENIOR GEOLOGIST
DEPARTMENT OF MINES & GEOLOGY
GADAG DISTRICT, GADAG-582101
.. RESPONDENTS
(BY SRI RAJA RAGHAVENDRA NAIK, HCGP.)
THIS CRIMINAL PETITIO N IS F ILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR
AND COMPLAINT IN CRIME NO .296/2014 DA TED
7/12/2014 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER S ECTION 5 OF EXPLOSIVE
SUBSTANCES ACT, UNDER SECTION 5, 9B OF
EXPLOSIVE ACT, UNDER SECTION 4, 21 OF MMDR
(MINES AND MINERALS REGULA TION OF
DEVELOPMENT) ACT, UNDER SECTION 379, 420 OF IPC
& RULE 7 EXPLOSIVES RULES , BY GADAG RURAL P.S .,
GADAG RURAL CIRCLE AND GADAG DISTRICT,
INSOFAR AS PETITIONERS ARE CONCERNED , ETC.,.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT PASSED THE FOLLOWING :
ORDER
Accused nos.1 and 4, in Crime No.296/2014 registered with Gadag Rural Police for the offence punishable under Section 5 of Explosive Substances Act, 1908, under section 5, 9B of Explosives Act, 1884, under section 4 and 21 of MMDR (Mines and Minerals Regulation of Development) Act, 1957 and under section 379 3 and 420 of IPC and also Rule 7 of Explosives Rules 2008, have come up in this criminal petition seeking quashing of the aforesaid proceedings.
2. Admittedly the complaint is filed by the Senior Geologist of Department of Mines and Geology, against these two and other accused persons. Admittedly the offence stated in the complaint is committed within the limits of Lakkundi Gram Panchayat, near Papanasi village on Mundaragi road with reference to land bearing sy.no.722/2, 723/9, 723/11, 723/12 and 723/19. While executing a Rail-I Project, it is stated that, the petitioners herein have committed the offence from 20.6.2013 to 5.12.2014 in unauthorizedly transporting 1,54,632 metric tons of building stones of the value of Rs.4,63,94,600/-. The complaint is registered on 7.12.2014 and the matter is under investigation by Gadag Rural Police.
4
3. Even before the investigation could be completed and final report could be filed by the police, the present petition is filed by accused nos.1 and 4 seeking quashing of the proceedings on the ground that the provision invoked in MMDR Act does not apply to patta land and that the provision of IPC which is invoked has no application to the present set of facts and various other grounds are urged.
4. In any event this Court feel that this petition is premature in nature. When the complaint is filed by a Senior Geologist, a responsible officer of Mines and Geology, the police are duty bound to investigate the same and file report. If the police file a report to the effect that aforesaid offences are not committed by accused, that would be the end of it. If the charge sheet is filed, it is open for them to challenge the same. In any event it is not open for petitioners 5 herein and other accused to challenge the investigation which is pursuant to the complaint registered in Crime No.296/2014. With the aforesaid observation this petition is dismissed.
Sd/-
JUDGE Mrk/-