HANUMANTHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE present petition is filed seeking relief of quashing the entire proceedings in Crime No.80/11 registered by Sirigere police for the offences punishable under Sections 406, 408, 384 r/w 149 of Indian Penal Code, 1860. The learned counsel for the petitioner strenuously argued that the offence alleged though under the Indian Penal Code, 1860, but, they also attracts The Mines and Minerals (Development and Regulation) Act, 1957.

(2.) HE also contends that the Thashildar has absolutely no jurisdiction to file such complaint before the police. The M.M.R.D. Act, Section 22 creates a serious legal bar for filing the complaint before the police. If at all, any offence alleged to have committed under the M.M.R.D. Act, a private complaint has to be filed.

(3.) SECONDLY , he contends that even the entire allegations in the complaint are translated in to evidence, that the same would not to constitute any offence alleged against the petitioner. Thirdly, he contends that on the earlier occasions also this Court exercised the powers under Section 482 of Cr.P.C. quashed such proceedings. On these contentions, the learned Counsel pleads that the entire proceedings be quashed.