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High Court of Karnataka Disposes of Petitions Challenging the Validity of Police-Initiated Criminal Proceedings under Mines and Minerals (Development and Regulation) Act, 1957. Alleged that Police Officers Had No Jurisdiction to Investigate or File Charge-sheet for Offences under the Act, Which Require Complaints by Authorized Officers.

High Court: Karnataka High Court Bench: BENGALURU
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2026-10-31 08:41:49
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Issue of Consideration

KAHC020105172018_1

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Case Details

2019 LawText (KAR) (02) 45

Criminal Petition No.101274/2018 c/w Criminal Petition Nos.101815/2018, 101986/2018, 102023/2018, 102059/2018, 102060/2018, 102061/2018, 102062/2018, 102107/2018, 102122/2018, 102126/2018 & 102281/2018

2019-02-06

H.P. Sandesh

For Petitioners: Smt. Sumangala A Chakalabbi, Sri. Prashant F Goudar, Sri. Harshawardhan M Patil, Sri. Jagadish Patil; For Respondent: Sri. Praveen K Uppar, HCGP

Ravi @ Ravindra S/o. Subbarao Shetty and others (Multiple Petitioners)

The State of Karnataka and others

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Nature of Litigation

Criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings pending before various trial courts for offences under the Indian Penal Code, 1860 and the Mines and Minerals (Development and Regulation) Act, 1957 and Karnataka Minor Mineral Concession Rules, 1994.

Remedy Sought

Petitioners seek quashing of the entire proceedings in the respective cases, including the orders taking cognizance and issuing process.

Previous Decisions

Trial courts had taken cognizance and issued process in some cases; orders challenged in these petitions.

Procedural History

Multiple criminal petitions were filed before the High Court under Section 482 CrPC challenging the proceedings pending before various trial courts. The petitions pertain to different FIRs and private complaints. In some cases, the trial court had taken cognizance and issued process against the petitioners for offences under IPC and MMDR Act and KMMC Rules. The High Court heard all petitions together.

Acts & Sections

  • Indian Penal Code, 1860: 379, 511
  • Mines and Minerals (Development and Regulation) Act, 1957: 4(1), 4(1A), 21, 22
  • Karnataka Minor Mineral Concession Rules, 1994: 3, 32, 42, 44(1), 44(2)
  • Code of Criminal Procedure, 1973: 482
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Tags :
quashing of proceedings Section 482 CrPC Mines and Minerals (Development and Regulation) Act, 1957 illegal mining jurisdiction of police authorized officer complaint Karnataka Minor Mineral Concession Rules, 1994

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