Case Note & Summary
The High Court of Karnataka Dharwad Bench, presided by Justice H.P. Sandesh, heard a batch of twelve criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973. The petitions sought to quash criminal proceedings pending before various magistrate courts in Karnataka. The proceedings originated from different police stations and involved offences under the Indian Penal Code, particularly Sections 379 and 511, and under the Mines and Minerals (Development and Regulation) Act, 1957, specifically Sections 4(1), 4(1A), 21, and 22, as well as the Karnataka Minor Mineral Concession Rules, 1994. The petitioners were individuals accused of illegal transportation and extraction of minor minerals without valid permits. The matters were clubbed together because they raised a common question of law concerning the legality of taking cognizance of offences under the MMRD Act based on police reports when the Act requires a complaint by an authorized officer. After hearing the counsel for the petitioners and the High Court Government Pleader, the court reserved the matters for judgment on 09.01.2019 and pronounced a common order on 06.02.2019. The provided judgment text, however, does not contain the court's reasoning, analysis, or operative directions, making it impossible to ascertain the final decision, ratio decidendi, or the specific relief granted. Consequently, only the procedural background and the relief sought can be captured from the available record.
Issue of Consideration
Case Details
2019 LawText (KAR) (02) 83
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, Prashant F Goudar, Harshawardhan M Patil, Jagadish Patil, K. Anand Kumar for petitioners; Praveen K Uppar, HCGP for respondents
Ravi @ Ravindra S/o Subbarao Shetty (in Crl.P.101274/2018) and other petitioners in connected matters
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Nature of Litigation
Batch of criminal petitions under Section 482 of Code of Criminal Procedure, 1973, seeking quashing of criminal proceedings for offences under IPC and Mines and Minerals (Development and Regulation) Act, 1957, and Karnataka Minor Mineral Concession Rules, 1994.
Remedy Sought
Quashing of entire proceedings pending before various Magistrates.
Filing Reason
Alleged illegal transportation/extraction of minor minerals without valid permits, leading to registration of criminal cases by police.
Judgment Excerpts
Though these matters are listed for admission, with the consent of the petitioners’ counsel and the learned HCGP, they are taken up for final disposal.
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
The petitioners, accused in various criminal cases registered by different police stations for offences under IPC and MMRD Act, filed petitions under Section 482 CrPC seeking quashing of the proceedings. The cases were at different stages before various Magistrates. The High Court clubbed the petitions due to a common question of law and heard them for final disposal.
Acts & Sections
- Mines and Minerals (Development and Regulation) Act, 1957: 4(1), 4(1A), 21, 22
- Indian Penal Code, 1860: 379, 511
- Karnataka Minor Mineral Concession Rules, 1994: 3, 32, 42, 44(1), 44(2), 44
