PRASANNA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 Cr.P.C. seeking quashing of the proceedings in C.C.No.860/2016 pending on the file of the I Additional Civil Judge and JMFC, Kanakapura, wherein he has been arrayed as accused for the alleged offences punishable under Sections 21 , 4 , 4(1A) of the Mines and Minerals (Development & Regulation) Act , 1957, and Sections 379 , 467 of IPC and Section 94(3) of the Karnataka Land Revenue Act, 1964.

(2.) I have heard learned counsel for the petitioner and learned HCGP for the 1st respondent - State.

(3.) Learned counsel for the petitioner submits that the petitioner is the Managing Director M/s. Prabhath Granites Pvt. Ltd., a private limited company incorporated under the provisions of the Companies Act . On 12.10.1999, a quarrying lease was issued in favour of the said Prabhath Granites by the State Government in respect of a land bearing Sy.No.53 of Achlu village, Sathanur Hobli, Kanakapura Taluk, for a period of 10 years. Subsequently, exercising powers under Rule 9 (2A) of the Karnataka Mines and Mineral (Concession) Rules, 1994 (for short "the Rules"), working permission was issued in favour of the said company till 17.05.2012. Meanwhile, since the lease was due to expire on 11.10.2009, the said Company made an application seeking renewal of lease and since the said application was not disposed of by the State Government, the lease period was deemed to have been extended by virtue of Rule 9 (2A) of the Rules. Further, the said Company also obtained environmental clearance.