BUJANGAYYA CHANNAVEERASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri.Praveen K.Uppar learned HCGP accepts notice for the respondent. With consent of both parties, the matter is taken up for final disposal.

(2.) The respondent police registered Crime No.53 of 2016 against the petitioners & 23 others for the offences punishable under Sections 4(1), 4(1A), 21 & 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act'), Sections 73, 192-A of the Karnataka Land Revenue Act, 1964 and Section 379 of the Indian Penal Code, 1860 (for short 'IPC'), etc.

(3.) In this case, the allegations against the petitioners (accused Nos.5 & 6) & 23 others are that they were illegally extracting / stocking / transporting sand, the Government property without valid permit or evading payment of required royalty and thereby they have committed theft of Government property / sand which constitute the of fences punishable under Section 379 IPC and Sections 4(1), 4(1A), 21 of the MMDR Act and Sections 73, 192-A of the Karnataka Land Revenue Act, 1964.