JEBIN GOLGATHA GEORGE Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the cognizance taken by the Principal District and Sessions and Special Judge, Udupi District in Spl.C.No.45/2017 for the offences punishable under Sec. 379 of IPC and Ss. 4, 4(A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3(1), 42(1), 43(2), 44 of the Karnataka Minor Mineral Concession Rules, 1994.

(2.) The case of the prosecution was that, on credible information received by the investigating officer that the accused was conducting quarrying of red stone, they visited the spot on 12/4/2017 along with officials of the revenue department and found that the accused was quarrying the land in Sy.No.112/2 and 112/3 without obtaining appropriate licences and permissions and therefore, seized the equipments used for quarrying and later, registered a Crime No.46/2017 for the offence punishable under Ss. 4, 4(A), 21 of the Mines and Minerals (Regulation of Development) Act, 1957, Rules

(3.) (1), 42(1), 43(2), 44 of the Karnataka Minor Mineral Concession Rules, 1994 and Sec. 379 of IPC. The chargesheet was filed for the aforesaid offences. The Trial Court after considering the charge-sheet and the material enclosed with it, took cognizance for the offence punishable under offences punishable under Sec. 379 of IPC and Ss. 4, 4(A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3(1), 42(1), 43(2), 44 of the Karnataka Minor Mineral Concession Rules, 1994 and consequently, charged the accused for the said offences. 3. Being aggrieved by the same, the present petition is filed.