YOGESH R. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition, the petitioner, owner of vehicle, seized by the respondents - police, on the allegation of carrying sand without permission, has challenged the legality and validity of the registration of cases, for the offences punishable under Sections 4(1), 4(1A), 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the MM(DR) Act') and Sections 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994.

(2.) SRI . Dilip Kumar, learned advocate, by relying upon an order dated 19.09.2014 passed in Crl.P. No. 5398/2014, contended that this case being identical, is liable to be allowed and the case registered by the respondent -Police against the petitioner, is 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.