MUTHAPPA P AGE MAJOR, S/O PALAYYA, GEOLOGIST Vs. STATE OF KARNATAKA REPRESENTED BY ITS SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) In these petitions the FIR in Crime No.32/2014 registered by the respondent-Special Investigation Team ("SIT" for short) for the offences punishable under section 21, section 4(1) of Mines and Minerals (Development and Regulation) Act 1957; Rules 43 and 46 of the Karnataka Mines and Minerals Concession Rules, 1994 and section 13(1)(c)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and section 120(b) and 420 of Indian Penal Code on the file of XXIII City Civil and Special Judge, Bengaluru city.

(2.) Learned counsel for the petitioners submits that the petitioner in Crl.P.No.8000/2017 is working as a Geologist in the Department of Mines and Geology at Koppal and petitioner in Crl.P.439/2018 is working as a Revenue Inspector in the Department of Revenue at Yelaburga Taluk, Koppal District. Eventhough petitioners were not connected with the mining work, they have been falsely implicated and FIR has been registered against the petitioners on the ground that they being officers of Department of Mines and Geology and Revenue Department, failed to take any steps to prevent illegal mining.

(3.) Learned counsel submits that registration of criminal case against the petitioners and the consequent investigation undertaken by the respondent SIT is illegal, without authority of law and an abuse of the process of court and therefore, the action initiated against petitioners pursuant to FIR in Cr.No.32/2014 is liable to be quashed.