Case Note & Summary
The High Court of Karnataka at Dharwad Bench delivered a common order on 6th February 2019, disposing of twelve criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973. These petitions, though arising from different police stations and pending before different courts, were heard together as they involved a common question of law. The petitions challenged criminal proceedings for offences under the Indian Penal Code (Sections 379, 511) and the Mines and Minerals (Development and Regulation) Act, 1957 (Sections 4(1), 4(1A), 21, 22) as well as the Karnataka Minor Mineral Consistent Rules, 1994 (Rules 3, 32, 42, 44). The court heard the petitioners' counsel and the learned High Court Government Pleader for the State. After reserving orders on 9th January 2019, the court pronounced its judgment on 6th February 2019. The complete legal reasoning and final decision are not included in the extracted text.
Issue of Consideration
Case Details
2019 LawText (KAR) (02) 91
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
Sumangala A Chakalabbi, Prashant F Goudar, Harshawardhan M Patil, Jagadish Patil, K. Anand Kumar for petitioners; Praveen K Uppar (HCGP) for respondent
Ravi @ Ravindra and others (multiple petitioners in connected petitions)
The State of Karnataka (through respective police stations) and concerned police officers
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Nature of Litigation
Criminal petitions under Section 482 Cr.P.C. seeking quashing of criminal proceedings
Remedy Sought
Petitioners sought quashing of entire proceedings pending before various courts for offences under IPC and MMRD Act and KMMC Rules
Filing Reason
The cases were registered by police under IPC and MMRD Act/KMMC Rules, and petitioners challenged the legality of such proceedings on a common question of law
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.
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.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 379, 511
- Mines and Minerals (Development and Regulation) Act, 1957: 4(1), 4(1A), 21, 22
- Karnataka Minor Mineral Consistent Rules, 1994: 3, 32, 42, 44(1), 44(2), 44
