SHRI BASAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-Accused No.1 under section 482 of Cr.P.C., 1973 seeking to quash the FIR relating to Crime No.127 of 2018, dated 17.03.2018, registered by Yamakanmardi P.S., Hukkeri Circle, Belagavi for the offences punishable under Section 379 of IPC and Sections 4(1), 4(1A) and 21 of MMRD Act, 1957, which is pending on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC Court, Hukkeri, Belgaum District.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.

(3.) The substance of the case are that the complainant-PSI lodged a complaint stating that on 17.03.2018 around 11:00 hours the respondent-Police were on patrolling duty and were proceeding towards Chikaladdinni village and at that time, a tractor and trailer was coming from the opposite direction and the driver of the said tractor and trailer by looking at the respondent-Police stopped the same, got down and took heel from the spot. It is further alleged that in spite of chasing him, the Police could not traced the driver of the said tractor and trailer and on verification of the same, it is found that the said tractor and trailer was filled with sand, without having any valid permit. The said tractor and trailer was registered in the name of one Basappa Nagappa Donapatil of Chikkaladdinni village of Belagavi District. It is further alleged that the value of the tractor along with the trailer was approximately Rs. 2,00,000/- and the value of the sand, which was transported illegally was Rs. 4,000/- and the said tractor and trailer said to be confiscated by the concerned Authorities, as the same was used by the driver for having transportation of sand illegally without having any valid permit from the concerned authority.