C.M. JOY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in the above said two cases have sought for quashing of the entire proceedings in C.C.No.365/2017 on the file of Addl. Civil Judge and JMFC, D.K, Mangalore, initiated for the offences under Sections 4(1), 41(a), 21(1) and 21(4) of the Mines and Minerals Regulation and Development Act, 1957 (for short 'the MMRD Act') and Rules 3(1), 42, 43 and 44 of Karnataka Mines and Minerals Concession Rules (for short 'the KMMC Rules') and also under Section 379 of IPC.

(2.) The petitioner in Criminal Petition No.347/2018 is arrayed as Accused No.1, whereas the petitioner in Criminal Petition No.9576/2017 is arrayed as Accused No.2 in the above said criminal case on the complaint lodged by one R.Padma Shree, Deputy Director, Mines and Geology Department before Punjalkatte Police, making allegations that the accused persons have been illegally doing mining operation at Kukkala village at a place called Berkala in Belthangady taluk. They were doing quarry work and the Police, after receiving such information, visited the spot at 3.00 p.m., and the persons who were working there, ran away from the spot. They, in fact, seized a vehicle bearing Registration No.KA-21/9395, which was loaded with stones etc. They ascertained that the said quarry work was done by Sri.Vijayendra Shet, Sri.C.M.Joy, who are the accused persons herein and another, without any licence or permission. On the above said allegations, a case has been registered in Crime No.88/2016 and sent the F.I.R to the Principal Sessions and Special Judge, D.K, Mangalore. It appears, the learned Sessions Judge has sent the same to the jurisdictional Magistrate on 01.05.2016. The learned Magistrate received the F.I.R. Subsequently, the Punjalakatte Police have submitted a charge-sheet in C.C.No.365/2017 to the Court of the learned Magistrate, i.e., the Addl. Civil Judge and J.M.F.C, Belthangady, who took cognizance and issued process against Accused Nos.1 and 2 vide orders dated 16.06.2017 called in question before this Court.

(3.) On careful perusal of the charge-sheet papers, the Police have filed the charge-sheet under Section 173 of Cr.P.C. The Hon'ble Apex Court in a decision reported in AIR 2015 SC 75 (STATE OF NCT, DELHI vs. SANJAY), has made an observation that there is a specific bar under Section 22 of the MMRD Act against prosecution of a person for the offence under the MMRD Act or Karnataka Mines and Minerals Concession Rules (for short, KMMC Rules) without a complaint made by the officer authorized by the Govt. However, the Apex Court has also observed as at Paragraphs 68 and 69 in the following manner: