MALLIKARJUNA H.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these petitions, the petitioners, owners of vehicles, seized by the respondent - police, on the allegation of carrying sand without permission, have challenged the legality and validity of the registration of cases, for the offences punishable under Ss. 4(1), 4(1A), 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the MM(DR) Act') and Ss. 3, 42, 43 and 44of the Karnataka Minor Mineral Concession Rules, 1994 and certain provisions of IPC.

(2.) MR . Syed Khadar Nawaz, learned advocate, by relying upon an order dated 19.09.2014 passed in Crl.P. No. 5398/2014, contended that these cases being identical, are liable to be allowed and the cases registered by the respondent -Police against the petitioners, are liable to be quashed.

(3.) IN Crl.P. No. 5398/2014, decided on 19.09.2014, a case having been registered against the petitioner therein, for the offences under the MM(DR) Act and the IPC, finding that the complaint in writing was not by an authorized person of the State Government and the FIR filed by police cannot be allowed as a complaint and taking notice of the definition, under S. 2(d) of the Cr.P.C., it was held that the entire proceedings initiated is void and was quashed.