MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has been arraigned as accused No.7 in C.C.No.249/2018 registered by Sakaleshpura Rural Police Station for the offences punishable under Sections 21(1) and 4(1) of Mines and Mineral (Development and Regulation) Act, 1957 (for short 'MMDR Act') and Section 379 of IPC, on the basis of complaint lodged by one Sri.Jagadeesh, Police Sub-Inspector on 28.05.2017 alleging that when he was in police station he received an information that sand was illegally transported. On receiving such information, he along with staff went to Vadoor village and saw five lorries were loaded with sand and on seeing the police, some of the persons fled away from the spot and five persons were apprehended on the spot and seized the vehicles. Based on the said complaint, FIR came to be registered in Crime No.191/2017 by Sakaleshpura Rural Police Station, which proceedings is now pending in C.C.No.249/2018. Hence, petitioner is before this Court for quashing of said proceedings.

(2.) I have heard the arguments of Sri.Pratheep K.C., learned Counsel appearing for petitioner and Sri.S.Rachaiah, learned HCGP appearing for respondent-State. Perused the records.

(3.) It is the contention of Sri.Pratheep K.C., learned counsel appearing for petitioner that petitioner has been falsely implicated as accused without any justifiable reason and as such he submits that continuation of proceedings against petitioner is liable to be quashed. Hence, he prays for allowing the petition.