Case Note & Summary
The petitioners, three individuals aged between 70 and 80 years, residents of Waddalur village, Raichur, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka, Kalaburagi Bench. They sought quashing of the complaint, FIR, and all further proceedings in Crime No.5/2014 registered at the Lokayukta Police Station, Raichur, pending before the Principal District and Sessions Judge, Raichur. The complaint was lodged by the Deputy Superintendent of Police, Karnataka Lokayukta, Raichur, alleging offences under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act). The petitioners argued that under Section 22 of the MMDR Act, no court can take cognizance of an offence punishable under the Act or any rules made thereunder except upon a written complaint made by a person authorized by the Central Government or the State Government. They contended that the Deputy Superintendent of Police, Lokayukta, was not such an authorized person, rendering the complaint and FIR invalid. The respondent, represented by the Special Public Prosecutor for Lokayukta, opposed the petition. The court, after hearing both sides and perusing the complaint and FIR, agreed with the petitioners. It held that the Deputy Superintendent of Police, Lokayukta, was not a person authorized by the Central or State Government under Section 22 of the MMDR Act to lodge a complaint. Consequently, the registration of the complaint and the forwarding of the FIR to the Special Court were bad in law. The court allowed the petition and quashed the complaint, FIR, and all further proceedings in Crime No.5/2014.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Maintainability - Petition under Section 482 Cr.P.C. to quash complaint, FIR and proceedings in Crime No.5/2014 for alleged offences under MMDR Act - Held that the petition is maintainable for challenging the validity of the complaint on the ground of lack of authorization (Paras 1-2).
B) Mines and Minerals - Cognizance of Offence - Section 22 of Mines and Minerals (Development and Regulation) Act, 1957 - Bar on taking cognizance - No court shall take cognizance of any offence punishable under the MMDR Act or any rules made thereunder except upon a complaint in writing made by a person authorized by the Central Government or the State Government - Held that the Deputy Superintendent of Police, Lokayukta is not such authorized person, hence the complaint and FIR are bad in law (Paras 3-5).
Issue of Consideration
Whether the complaint and FIR lodged by the Deputy Superintendent of Police, Karnataka Lokayukta, Raichur, for offences under the Mines and Minerals (Development and Regulation) Act, 1957, is valid in the absence of authorization under Section 22 of the said Act.
Final Decision
The court allowed the petition and quashed the complaint, FIR and entire further proceedings in Raichur Lokayukta P.S. crime No.5/2014 pending on the file of Prl. District & Sessions Judge, Raichur.
Law Points
- Cognizance of offence under MMDR Act requires complaint by authorized person
- Section 22 MMDR Act bars court from taking cognizance without such complaint
- Police officer not authorized under Section 22 cannot lodge complaint
Case Details
2014 LawText (KAR) (12) 32
Criminal Petition No.200718/2014
Sri Shivanand V. Pattanashetti, Sri S.S.Kumman
Umadevi W/o Shankranna, Mahadevamma W/o Kotrappa, Channappa S/o Siddappa
The Police Sub-Inspector, Lokayukta P.S. Raichur, R/by Spl. PP, Lokayukta
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of complaint, FIR and proceedings in a mining offence case.
Remedy Sought
Petitioners sought quashing of complaint, FIR and entire further proceedings in Crime No.5/2014 of Lokayukta Police Station, Raichur, pending before Prl. District & Sessions Judge, Raichur.
Filing Reason
The complaint was lodged by the Deputy Superintendent of Police, Karnataka Lokayukta, Raichur, who was not authorized under Section 22 of the MMDR Act to lodge a complaint, making the registration of FIR bad in law.
Issues
Whether the Deputy Superintendent of Police, Lokayukta is a person authorized under Section 22 of the MMDR Act to lodge a complaint for offences under the Act.
Whether the complaint and FIR registered based on such unauthorized complaint are liable to be quashed.
Submissions/Arguments
Petitioners argued that under Section 22 of MMDR Act, no court can take cognizance of an offence under the Act except upon a written complaint by a person authorized by Central or State Government, and the Dy.S.P. Lokayukta is not such authorized person.
Respondent opposed the petition, but no specific arguments are recorded in the judgment.
Ratio Decidendi
Under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, no court shall take cognizance of any offence punishable under the Act or any rules made thereunder except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. The Deputy Superintendent of Police, Karnataka Lokayukta, Raichur, not being such an authorized person, the complaint lodged by him and the consequent FIR are bad in law and liable to be quashed.
Judgment Excerpts
if any offence punishable under the Mines and Minerals (Development and Regulation) Act, 1957 ... is alleged to have been committed no Court shall take cognizance of the same in the absence of a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government as per Section 22 of the said Act.
the Deputy Superintendent of Police, Karnataka Lokayukta, Raichur is not a person authorised in this behalf by the Central Government or the State Government as contemplated under Section 22 of the MMDR Act to lodge a complaint and therefore the registration of such complaint by the respondent police and forwarding of an FIR in that regard to the Special Court ... is bad in law.
Procedural History
The petitioners filed a criminal petition under Section 482 Cr.P.C. before the High Court of Karnataka, Kalaburagi Bench, seeking quashing of complaint, FIR and proceedings in Crime No.5/2014 of Lokayukta Police Station, Raichur, pending before the Principal District and Sessions Judge, Raichur. The court heard the counsel for both sides and passed the order on 10.12.2014.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 482
- Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): Section 22
