Case Note & Summary
The petitioner, M/S SVB Stone Crushers, a partnership firm represented by its partner Sri K H Suresh, filed a writ petition under Section 482 read with Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought a writ of certiorari to quash the entire proceedings originating from a complaint dated 19.02.2019 filed by the 5th respondent, the Geologist (Mines), Department of Mines and Geology, Tumkur, which was registered as PCR No.39/2019 pending before the Prl. Civil Judge & JMFC, Kunigal, Tumkur District. The petitioner argued that the complaint was filed without obtaining the mandatory sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, which requires prior sanction from the Central Government or the State Government or an authorized officer for prosecution of offences under the Act. The respondents, represented by the High Court Government Pleader, opposed the petition. The court, after hearing arguments, found that the complaint by the Geologist, who is not the authorized officer under Section 22, was filed without the requisite sanction. The court held that the proceedings were without jurisdiction and liable to be quashed. The court allowed the writ petition and quashed the entire proceedings in PCR No.39/2019.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Writ Jurisdiction - Petitioner sought quashing of criminal proceedings in PCR No.39/2019 arising from a complaint by the Geologist for alleged illegal mining - Court held that the complaint lacked mandatory sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, rendering the proceedings without jurisdiction - Held that the proceedings are liable to be quashed (Paras 1-5).
Issue of Consideration
Whether the criminal proceedings initiated on a complaint filed by the Geologist without prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 are maintainable and liable to be quashed.
Final Decision
The writ petition is allowed. The entire proceedings in PCR No.39/2019 pending on the file of Prl. Civil Judge & JMFC, Kunigal, Tumkur District are quashed.
Law Points
- Sanction under Section 22 of Mines and Minerals (Development and Regulation) Act
- 1957 is mandatory for prosecution of offences under the Act
- Complaint by a Geologist without sanction is not maintainable
- Writ of certiorari lies to quash proceedings without jurisdiction
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