SHARANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner- owner of Tata Tipper bearing Reg.No.MH-04/DD-883, praying this Court to issue a writ of certiorari or any other writ by quashing the order dated 05.08.2016 passed by the learned Prl. Sessions Judge, Kalabuargi in Crl.Rev.Pet.No.90/2016 and also the order dated 06.06.2016 passed in Crime No.164/15 by the learned II Addl. JMFC Judge, Kalaburagi, rejecting the application filed under Section 457 of Cr.P.C.

(2.) Brief facts of the case are that, on 31.11.2015, the complainant-PSI along with his staff, Revenue Inspector and Panchas went to Nadi Sinnur on the credible information about illegal transportation of the sand from the river and loading into the lorry with the help of Hitachi and when the said officials came near the spot, all the persons ran away from the spot, except the driver of the tripper and on enquiry to drivers of tipper about permission and license for transportation of sand, it was informed that no permission is obtained from concerned department, due to which vehicles on the spot including tipper of the petitioner were seized under seizure panchanama and suo-moto FIR was registered against the driver of the tipper and other unknown accused.

(3.) I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.