Case Note & Summary
The High Court of Karnataka Dharwad Bench heard multiple criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash criminal proceedings pending before various trial courts. The petitions arose from different crime numbers registered at different police stations across Karnataka, involving allegations of offences under the Mines and Minerals (Development and Regulation) Act, 1957, the Karnataka Minor Mineral Consistent Rules, 1994, and the Indian Penal Code, 1860. The petitioners, who were individuals such as vehicle owners, drivers, and others, contended that the proceedings were liable to be quashed on a common question of law. The High Court observed that although the cases originated from distinct crime numbers and courts, the underlying legal issue was identical in all matters. Consequently, with the consent of the petitioners' counsel and the learned High Court Government Pleader, the matters were taken up together for final disposal at the admission stage itself. The court reserved its orders on January 9, 2019, and pronounced a common order on February 6, 2019. The specific outcome and reasoning of the court, however, are not detailed in the provided text, as the judgment excerpt terminates before the operative part. The common order addressed the quashing petitions based on the preliminary question of law involved.
Issue of Consideration
Whether the criminal proceedings under the Mines and Minerals (Development and Regulation) Act, 1957 and Indian Penal Code can be quashed under Section 482 of the Code of Criminal Procedure, 1973
Final Decision
The High Court passed a common order disposing of the petitions, but the specific outcome is not available in the provided text.
Case Details
2019 LawText (KAR) (02) 47
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
For petitioners: Smt. Sumangala A Chakalabbi, Sri. Prashant F Goudar, Sri. Harshawardhan M Patil, Sri. Jagadish Patil, Sri. K. Anand Kumar; For respondent: Sri Praveen K Uppar, HCGP
Ravi @ Ravindra and Atyanarayana along with other petitioners in connected matters
State of Karnataka through various police stations and officials
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petitions under Section 482 of Cr.P.C. seeking quashing of criminal proceedings for offences under the Mines and Minerals (Development and Regulation) Act, 1957, Karnataka Minor Mineral Consistent Rules, 1994, and Indian Penal Code.
Remedy Sought
Petitioners sought quashing of entire proceedings pending against them in various courts.
Filing Reason
Petitioners alleged that the proceedings were liable to be quashed as they involved a common question of law.
Issues
Whether the criminal proceedings under the MMRD Act and IPC can be quashed under Section 482 of Cr.P.C.
Judgment Excerpts
Though, all these cases arise out of different crime numbers of different police stations and pending before different Court, since issue involved in the cases is only question of law and the same is common in all these cases, they are taken up together for disposal by this common order.
Procedural History
Multiple criminal petitions were filed under Section 482 of Cr.P.C. before the High Court seeking quashing of various criminal proceedings. The petitions were listed for admission, but with consent of parties, taken up for final disposal. The Court reserved orders on 09.01.2019 and pronounced judgment on 06.02.2019.
Acts & Sections
- Mines and Minerals (Development and Regulation) Act, 1957: 4(1), 4(1A), 21, 22
- Karnataka Minor Mineral Consistent Rules, 1994: 3, 32, 42, 44
- Indian Penal Code, 1860: 379, 511
- Code of Criminal Procedure, 1973: 482
