ASIF Vs. THE STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C., 1973 for the following reliefs:

(2.) In the course of the arguments, learned counsel for the petitioner, by placing reliance on the decision of this Court in Criminal Petition No.100146/2017 dated 02.03.2017, would contend that in view of the section 30B of the Mines And Minerals (Development And Regulation) Act, 1957 ('the MMDR Act', for short), the Judicial Magistrates of the First Class, has no right to entertain the complaint where allegations fall under MMDR Act and the Rules thereunder and with allied offences.

(3.) However, the learned High Court Government Pleader has brought to my notice the subsequent decision rendered by this Court in Sri Vivek and others v. State of Karnataka reported in ILR 2018 Kar 1497 wherein considering the entire gamut of law on the subject at para 28, it is held that "the Session's Court designated as Special Court, has no jurisdiction to take cognizance directly of the offences under the MMDR Act and Rules. The cases can be tried only after the committal proceedings".