RAMANAGOUDA BIRADAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH these petitions are posted for orders/admission, since in all these matters, common question of law is involved, with the consent of the learned counsels appearing for the parties, they have been taken -up for hearing on merits and disposed of by this common order.

(2.) THE State through different Police Stations as noted in the causetitle of the respective petitions, has number of cases against the petitioners for the offences punishable under Sections 3, 42, 43 and 4(A) of the Mineral Concession Rules, 1994 (for short 'MC Rules') and Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'M.M.D.R. Act') and also under Section 379 of IPC.

(3.) IN all the petitions, the question raised is that, Section 22 of the M.M.D.R. Act is a bar and the Magistrate can only take cognizance on the basis of the private complaints by the competent authority as mentioned in the said Act. Section -22 of the said M.M.D.R. Act, 1957 reads thus: - -