ALLA BHAKSHA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel appearing for petitioner and learned HCGP, who has accepted notice for respondent - State. Perused records.

(2.) Petitioners have called in question the proceedings pending before the Senior Civil Judge & JMFC, Sakaleshpura, Hassan, in CC.No.47/2016, whereunder learned Magistrate after taking cognizance of the offence punishable under Section 379 of Indian Penal Code, 1860 (for short 'IPC') and Sections 4(1A) and 21 of the Mines and Minerals (Regulation and Development) Act, 1957 (for short 'MMRD Act') has issued process to the petitioners.

(3.) Learned counsel appearing for petitioners submits that there is a clear bar under Section 22 of the MMRD Act for the learned Magistrate to take cognizance of the offences, namely he contends that until and unless a complaint is lodged by an authorized officer before Court and police have no jurisdiction to register a case and learned Magistrate would not get jurisdiction to take cognizance on the basis of police report and issue process to the petitioners.