SRI R SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is said to be filed in the following back ground:

(2.) The learned counsel for the petitioner, Shri L. M. Chidanandayya would contend that the registration of the criminal case against the petitioner is ultra vires the powers and jurisdiction of the respondent. It was on the recommendation of the High Power Committee, the SIT was constituted, with a view to investigate certain matters which are identified by the State Government requiring further investigation which are reflected in Annexure-A to the Government Notification dated 22.11.2013. Admittedly, the matter pertaining to M/s Matha Minerals Pvt. Ltd. is not one of the subjects referred by the State Government for investigation by the SIT Police. Therefore, the registration of the criminal case is without jurisdiction and is ultra vires the powers conferred on the respondents.

(3.) The respondents have filed statement of objections to the petition and the learned Special Public Prosecutor, Shri P. Govindan would contend and it is candidly admitted in the State of objections, at page 5 thereof, that the Government Order dated 22.11.2013 does not contain a reference for investigation as regards the irregularity in grant of lease and modification of the sketch and the consequent violation of Section 5 (1) of the MMDR Act. However, a justification is pleaded to the effect that the SIT, Karnataka Lok Ayuktha is declared as a Police station, under Notification dated 29.5.2014 and hence the agency would be competent to investigate all cases pertaining to illegal mining .