Case Note & Summary
The High Court of Karnataka at Dharwad heard a batch of twelve criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of criminal proceedings pending before various magistrate courts. The petitioners were accused in different crimes registered at different police stations for offences under the Indian Penal Code, 1860 (Sections 379, 511) and the Mines and Minerals (Development and Regulation) Act, 1957 (Sections 4(1), 4(1A), 21, 22) read with the Karnataka Minor Mineral Concession Rules, 1994 (Rules 3, 32, 42, 44). The common question of law involved was whether the police could register and investigate offences under the MMDR Act and whether the magistrate could take cognizance on such police reports. The petitioners contended that the proceedings were without jurisdiction as the MMDR Act requires a complaint by an authorized officer. The State was represented by the High Court Government Pleader. With consent of both sides, the matters were taken up for final disposal at admission stage. The court reserved orders on 09 January 2019 and pronounced the common order on 06 February 2019. The extracted text of the judgment does not include the final order or the court's reasoning, only the preliminary observations and a tabular column listing the case details.
Headnote
Not provided in extracted text.
Issue of Consideration
Whether criminal proceedings registered 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 can be sustained, particularly regarding the authority of police to investigate and register cases for MMDR Act offences.
