APPASAHAB S/O MALLAPPA HIDAKAL Vs. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD

JUDGEMENT

(1.) Whether a complaint for violation of THE provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act') can be filed before the Station House Officer of a police station and on such complaint whether respondent police could register the FIR and take up the investigation, is the question involved in this case.

(2.) Petitioner is accused No.1 in Crime No.93/2017 of Raibag police station which is now pending in C.C. No.924/2017 on the file of Prl. Civil Judge and J.M.F.C. Raibag. Respondent police registered Crime No.93/2017 against the petitioner for the of fences punishable under Section 379 of I.P.C. and Sections 4(1), (1A) and 21 read with Section 22 of the MMDR Act on the basis of the complaint/report of Raveendra Ajjannavar, the Police Sub Inspector, Raibag Police Station.

(3.) It was alleged that on 10.04.2017 at 5.15 p.m. on the bank of Krishna river situated within the limits of Bhavaana Saundattivil lage the petitioner and 2 to 3 others were illegally extracting sand from the river bed and loading the same in tractor No.KA23/TB-1293 and the trailor toed to that.