ROSHAN DSOUZA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has called in question the trial Court taking cognizance of the charge sheet filed by the police before the Principal and District Judge, D.K. in Special Case No.57/2017 for the offences punishable under Sections 42, 43, 44 and 3(1) of Karnataka Minor Mineral Concession Rules, 1994 (for short, KMMC Rules) and under Section 4(1), 4(1)(A) and 21 of the Mines and Minerals (Development & Regulation) Act 1957 (for short 'MMDR Act'), and also under Section 379 of IPC.

(2.) On careful perusal of the factual matrix of this case, it is alleged that one Mr. K.S. Nagendrappa who is an authorized officer under MMDR Act attached to the State of Karnataka, has received a credible information that, some people are extracting red stone and carrying on mining operation in Neerude, Niddodi Village, Mangaluru City. On receipt of the such information, the said authorized officer had been to the said spot along with panchwitnesses and visited the lands bearing No. 164(2)(c) and other surrounding lands in Survey No.109/3, 164/3(C)(D)(2), and 164/5 and found that the accused persons were indulged in mining operation extracting red stones without the licence or permission from the Government and thereby committed the above said offences.

(3.) The said authorized officer instead of filing a private complaint, has lodged the FIR before the jurisdictional police ie.. Moodabidre police. On the basis of such FIR, the police have investigated the above said offences under the MMCR Act and also under the MMRD Act. 1957, and also under section 378 and 379 of IPC and filed a final report under section 173 of Cr.P.C.