RAVI Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under section 438 of Cr.P.C., 1973 who is shown as accused No. 1 in the FIR for offences punishable under Sections 4 (1A) of MMDR [(Mines and Minerals (Development and Regulation)] Act, 1957 (hereinafter referred to as the 'Act' for short) and Section 379 of Indian Penal Code in Crime No. 318/2017 of Holenarasipura Town Police Station.

(2.) Heard arguments of learned counsel appearing for the petitioner-accused and also learned High Court Government Pleader appearing for respondent-State.

(3.) It is alleged in the complaint that on 30.11.2017, when Police Officer visited Doddakunchevu Lake, he found filtered soil stored by the side of the Lake which belongs to the State without there being any licence from the Competent Authority. He found that the soil was stored by the side of the Lake, however, could not find any one present at the said place and when he verified, he found four tractors of load of soil was stored in the said place and immediately taken the possession of the same and Suo-motu report was filed and on the basis of the said report the case was registered in the respondent Police Station.