BHIMAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner under section 482 of Cr.P.C., 1973 and seeking quashment of the proceedings in Ghataprabha P.S. Crime No.31/2018 for the offences punishable under Section 379 of IPC, beside Sections 4, 4 (1), 4(1A), 21, 42, 22 of MMDR, Act, 1957, as where the case in C.C. No.1843/2018 is pending on the file of the Addl. Civil Judge and JMFC, Court at Gokak.

(2.) The substance of the case in Crime No.31/2018 are as under:

(3.) Whereas, learned counsel for the petitioner during the course of argument has taken me through the accusations made in the complaint relating to the case in Crime No.31/2018 that the petitioner is the owner of the tipper bearing No.GA-03/T-7156 said to be used for the purpose of transportation of the sand. But at no point of time, sand was transported by this petitioner being arraigned as accused by utilizing the said tipper without any valid permit. He further submits that the respondent-Police have filed complaint against the accused without having jurisdiction to register the FIR and investigate the offences under the MMDR Act. It is relevant to state that as per Section 22 of the MMDR Act, 1957, the Police have no jurisdiction to register FIR and investigate the offence under the MMDR Act and to file any report under section 173 of Cr.P.C., 1973 The said Section 22 of the MMDR Act reads as under: