Case Note & Summary
The Court heard a batch of twelve criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973. The petitioners sought quashing of entire criminal proceedings pending before various courts in the State of Karnataka. The proceedings arose from different crime numbers registered at various police stations. The offences invoked included sections of the Indian Penal Code, 1860 (specifically Sections 379 and 511) and the Mines and Minerals (Development and Regulation) Act, 1957 (sections 4(1), 4(1A), 21, 22, 42) along with provisions of the Karnataka Minor Mineral Concession Rules, 1994. The petitioners contended that the registration of cases and subsequent proceedings were illegal. The matters were listed for admission, but with consent of the counsel, they were taken up for final disposal. The High Court noted that the issue involved in all cases was a common question of law. The Court heard the petitioners’ counsel and the learned High Court Government Pleader for the respondent-State. The matter was reserved for orders on 09.01.2019 and the common order was pronounced on 06.02.2019. The prayer in the petitions was to quash the proceedings on the ground that the cases were registered for both MMDR Act offences, Rules, and IPC offences without proper authority. The Court provided a tabular column listing crime numbers, police stations, complainants’ names and designations, and offences invoked, but the remainder of the order containing the court’s reasoning and decision was not included in the provided judgment text.
Issue of Consideration
Question of law regarding the legality of criminal proceedings initiated for offences under the Mines and Minerals (Development and Regulation) Act, 1957 on the basis of a police report.
Case Details
2019 LawText (KAR) (02) 49
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
Smt. Sumangala A Chakalabbi, Sri Prashant F Goudar, Sri Harshawardhan M Patil, Sri Jagadish Patil, Sri K. Anand Kumar, Sri Praveen K Uppar
Ravi @ Ravindra S/o. Subbarao Shetty, Atyanarayana S/o. Ramashetty and others
State of Karnataka and others
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Nature of Litigation
Criminal petitions under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings pending before various courts for offences under the Indian Penal Code, the Mines and Minerals (Development and Regulation) Act, 1957, and the Karnataka Minor Mineral Concession Rules, 1994.
Remedy Sought
Quashing of entire criminal proceedings including FIRs, charge sheets, and further proceedings in the respective criminal cases against the petitioners.
Filing Reason
The petitioners contended that the proceedings were illegal and without jurisdiction as the offences under the MMRD Act could not be investigated by the police or taken cognizance of on a police report.
Issues
Whether criminal proceedings initiated for offences under the Mines and Minerals (Development and Regulation) Act, 1957 on the basis of a police report are maintainable, and whether such proceedings can be quashed under Section 482 Cr.P.C.
Submissions/Arguments
Arguments were advanced by the petitioners’ counsel and the learned HCGP for the respondent-State, but specific submissions are not detailed in the provided text.
Judgment Excerpts
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.
The prayer sought in the petitions by invoking Section 482 of Cr.P.C. is to quash the entire proceedings pending before the different Courts since the respective cases are registered for both the offences under the MMRD Act and Rules and Under IPC.
For the purpose of brevity and convenience, the particulars of the crime number, police station, name of the complainant and his designation are set out in the tabular column below:
Procedural History
The petitions were filed under Section 482 of the Code of Criminal Procedure, 1973. They were listed for admission but with the consent of the counsel, taken up for final disposal. The Court heard the petitioners’ counsel and the learned HCGP. The matters were reserved for orders on 09.01.2019 and the common order was pronounced on 06.02.2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 379, 511
- Mines and Minerals (Development and Regulation) Act, 1957 (MMRD Act): 4(1), 4(1A), 21, 22, 42
- Karnataka Minor Mineral Concession Rules, 1994 (KMMC Rules): 3, 32, 42, 44(1), 44(2)
