SVB STONE CRUSHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs;

(2.) The Geologist filed a private complaint with the Prl. Civil Judge and JMFC, Kunigal, Tumkur district on 19/2/2019 under Sec. 200 of Cr.P.C. which came to be registered as PCR No.39/2019 alleging offences under Sec. 4, 4(1A), 21, 22 and 23 of Mines And Minerals (Development And Regulation) Act, 1957 ['MMDR Act' for short] and Rule 3, 42, 43 and 43A of Karnataka Minor Mineral Rules, 1994 ['KMM Rules' for short] as also rule 3(2) of Karnataka Regulation of Stone Crushers Act, 2011 ['Stone Crusher Act of 2011' for short] read with Amendment Rules 2013.

(3.) It is alleged in the said complaint that the petitioner, though had obtained consent for operation, without obtaining Form-C, had carried out stone crushing activities resulting in the manufacture of M-Sand which amounted to an offence under the aforesaid provisions and as such, criminal prosecution was initiated against the petitioner.