Case Note & Summary
The petitioners, a lorry driver and lorry owner, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in Special Case No.64/2017 pending before the Principal District and Sessions Judge, Tumakuru. The case was registered by Kunigal Police for offences punishable under Section 379 of the Indian Penal Code, 1860; Rule 44(1) of the Karnataka Minor Mineral Concession Rules; Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957; and Sections 3, 181, 192(A), and 196 of the Indian Motor Vehicles Act, 1988. The petitioners argued that the proceedings were not maintainable as no prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 had been obtained. The court, after hearing the learned counsel for the petitioners and the learned High Court Government Pleader for the respondents, observed that the allegations pertained to illegal transportation of sand, which falls under the purview of the Mines and Minerals Act. The court noted that Section 22 of the MMDR Act mandates that no court shall take cognizance of any offence punishable under the Act or any rules made thereunder except on a complaint in writing made by a person authorized in this behalf. Since no such sanction was obtained, the proceedings under Section 379 IPC and other allied Acts were not maintainable. The court allowed the petition and quashed the proceedings in Special Case No.64/2017.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Lack of Sanction - Proceedings under Section 379 IPC and other allied Acts quashed as no prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 was obtained - Held that for offences relating to illegal mining and transportation of minerals, sanction under Section 22 of MMDR Act is mandatory before prosecution (Paras 1-5).
B) Mines and Minerals - Illegal Mining - Section 21(1) and Section 22 of MMDR Act - Sanction Requirement - The court held that without sanction under Section 22, the prosecution for theft under Section 379 IPC is not maintainable as the MMDR Act is a special statute - Held that the proceedings were liable to be quashed (Paras 2-5).
Issue of Consideration
Whether criminal proceedings for offences under Section 379 IPC and other allied Acts can be sustained without prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, when the allegations pertain to illegal transportation of sand.
Final Decision
The petition is allowed. The proceedings in Special Case No.64/2017 pending before the Principal District and Sessions Judge, Tumakuru, are quashed.
Law Points
- Quashing of criminal proceedings
- Lack of sanction under Section 22 of MMDR Act
- Section 379 IPC not applicable for illegal mining
- Rule 44(1) of Karnataka Minor Mineral Concession Rules
- Section 21(1) of MMDR Act
- Sections 3
- 181
- 192(A)
- 196 of Motor Vehicles Act
Case Details
2017 LawText (KAR) (11) 15
Sri. Jayanna G. R. for petitioners, Sri. S Rachaiah for respondents
Sri. Vivek and Sri. H. N. Rudresha
The State of Karnataka and Sri. H. Jayanna
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Nature of Litigation
Criminal petition under Section 482 CrPC for quashing of proceedings in a special case for offences under IPC, MMDR Act, and Motor Vehicles Act.
Remedy Sought
Petitioners sought quashing of proceedings in Special Case No.64/2017 pending before the Principal District and Sessions Judge, Tumakuru.
Filing Reason
The petitioners contended that the proceedings were not maintainable as no prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 was obtained.
Issues
Whether criminal proceedings under Section 379 IPC and other allied Acts can be sustained without prior sanction under Section 22 of the MMDR Act.
Submissions/Arguments
Petitioners argued that the proceedings were not maintainable due to lack of sanction under Section 22 of MMDR Act.
Respondents did not contest the petition; the court noted that the learned HCGP submitted that the matter may be disposed of in accordance with law.
Ratio Decidendi
For offences relating to illegal mining and transportation of minerals, prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 is mandatory before prosecution. Without such sanction, proceedings under Section 379 IPC and other allied Acts are not maintainable and are liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The petitioners have approached this court for quashing of the proceedings pending before the Principal District and Sessions Judge, Tumakuru, in Special Case No.64/2017 registered for the offence punishable under section 379 of IPC; Rule 44(1) of the Karnataka Minor Mineral Concession Rules; Section 21(1) of the Mines and Minerals (Development and Regulation) Act; and Sections 3, 181, 192(A) and 196 of the Indian Motor Vehicles Act.
The learned counsel for the petitioners submitted that the proceedings are not maintainable as no prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act has been obtained.
In view of the above, the petition is allowed. The proceedings in Special Case No.64/2017 pending before the Principal District and Sessions Judge, Tumakuru, are quashed.
Procedural History
The petitioners filed a petition under Section 482 CrPC before the High Court of Karnataka seeking quashing of proceedings in Special Case No.64/2017 pending before the Principal District and Sessions Judge, Tumakuru. The case was registered by Kunigal Police for offences under Section 379 IPC, Rule 44(1) of Karnataka Minor Mineral Concession Rules, Section 21(1) of MMDR Act, and Sections 3, 181, 192(A), 196 of Motor Vehicles Act. The High Court heard the matter and allowed the petition on 15 November 2017.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 379
- Karnataka Minor Mineral Concession Rules: 44(1)
- Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): 21(1), 22
- Indian Motor Vehicles Act, 1988: 3, 181, 192(A), 196
