LAKKAPPA KENCHAPPA NANDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the accused against the proceedings dated 11.10.2018 in C.C.No.2985/2018 registered for the of fences punishable under sections 4(1A), 42(1), 44(1), 21, 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the MMDR Act' for short) initiated against him by the II Additional JMFC, Gokak. Brief facts of the case as alleged in the complaint are as under:

(2.) That one Sri M.S.Tanappagol, Circle Police Inspector, Rural Police Station Gokak is the complainant. He being authorized person as per Government Notification bearing No.CI 21 MMN (2) 2014, Bangalore dated 21.01.2014 filed complaint under Section 22 of the MMDR Act read with section 200 of Cr.P.C. According to the complainant, on 22.09.2018 at 08.30 hours near Maladani cross in a tipper bearing KA.24/B.6386 was illegally transporting the sand. The complainant intercepted the said vehicle. Thereafter, seized the tipper with sand in the presence of panchas the complainant prepared panchanama.

(3.) The learned Magistrate without applying judicious mind, blindly registered the case and took the cognizance of the aforesaid of fences by order dated 11.10.2018 and ordered to issue of process. Hence the revision petitioner is before this Court.