STATE OF KARNATAKA Vs. HUPEGOWDA

JUDGEMENT

(1.) This Criminal Revision Petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C., seeking set aside the order passed by the I Additional District and Sessions Judge, Haveri in Criminal Miscellaneous No. 337 of 2016 dtd. 12/5/2016.

(2.) Notice to respondent/accused though served, he remained unrepresented.

(3.) Learned counsel for the Petitioner-State submits that the impugned order is not sustainable in law, in view of amendment of Sec. 30-B of the Mines and Minerals (Development and Regulation) Amendment Act , 2015. The State Government has issued notification bearing No. LAW 18 LCE 16, dtd. 17/3/2016 and as per the said notification, the Prl. District and Sessions Judge is vested with the power under Sec. 30-B of the Mines and Minerals (Development and Regulation) Amendment Act , 2015 and the same is designated Court. In the case on hand, the Criminal Miscellaneous No. 337 of 2016 is filed before the Ist Addl. District and Sessions Judge, Haveri before. Hence, the Ist Addl. District and Sessions Judge is not empowered to try the cases coming under the MMRD Act.