VARALAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by Smt.Varalakshmi who is arraigned as accused No.2 in C.C.No.426/2017 arising out of Crime No.13/2017 of the Nelamangala Rural Police Station for the offences punishable under Sections 4 and 21 of the Mines and Minerals Regulation of Development Act , 1957 (for short 'MMRD Act') r/w Section 379 of IPC seeking to quash the proceedings initiated against her.

(2.) Heard learned counsel for the petitioner who is physically present before the Court and learned HCGP for the respondent - State appearing through video conference.

(3.) It is stated in the complaint lodged by the complainant that on 24.01.2017 at about 9.30 a.m. the complainant namely Ashok B.S. who is a police officer in the aforesaid police station got credible information about a person being arraigned as accused in the charge sheet that they were engaged in loading of sand in the Government land by using a Tipper lorry. Soon after, getting the information, the police officer formed a team consisting his staff members and panch witnesses and proceeded to the place where the tipper lorry was said to be used by the accused persons for transportation of filter sand from the government landed property. The team laid by him reached around 10.00 a.m. On seeing the raiding team that the persons being arraigned as accused in the charge sheet took heel from the scene of crime. Subsequently, the police officer drew the mahazar and secured the tipper lorry bearing registration No.KA- 52/3934 and based upon his complaint report, the case in Crime No.13/2017 in C.C.No.426/2017 came to be registered wherein this petitioner is arraigned as accused No.2 as she being the owner of the tipper lorry alleged to have been used by the accused person for transportation of filter sand from the Government land without having any valid permit.