RAGHU K Vs. STATE BY KALLAMBELLA POLICE STATION

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C praying to quash the proceedings pending in C.C.No.493/2015 on the file of Additional Civil Judge and J.M.F.C., Sira Taluk, Tumakuru.

(2.) Brief facts of the case that the respondentpolice filed complaint against petitioner and other 6 persons for the alleged offences under section 379 of IPC and Section 21 (4A) of MMRD (Mines and Minerals Regulation of Development) Act 1957 and also Section 44 of Karnataka Minor Mineral Concession Rule 1994. According to the FIR and the charge sheet, the respondent police initiated proceedings based on complaint given by respondent No. On the basis of the FIR and charge sheet, the Additional Civil Judge and J.M.F.C Sira Taluk, Tumakuru Court has registered C.C.No.493/2015 against the petitioners.

(3.) Learned counsel for the petitioners made submission that so far as the alleged offences under the provisions of the MMRD act is concerned, in view of Section 22 of the said Act there is a bar for the police to entertain complaint and file report in the matter. He also made submission that the Co-ordinate bench of this Court in the order dated 28/02/2017 passed in Criminal Petition No. 7894/2016 took the view that so far as cognizance in crime is concerned there is a bar under Section 22, therefore proceedings have been quashed. In another order of this Court dated 22/01/2018 passed in Criminal Petition No.8165/2017 the similar order has been passed so far as the alleged offences under the provisions of the MMRD Act. Even the allegation, so far as the theft of the sand and the alleged offences under Section 379 of IPC, learned counsel submits that looking to the complaint averments and other material collected during investigation, the materials will not make out case of theft of sand. Therefore, there is no prima face material even to proceed for the alleged offence under Section 379 of IPC.