LAWS(KAR)-2019-1-66

BASAVARAJ GANGARAM ANDHARE Vs. STATE OF KARNATAKA

Decided On January 10, 2019
Basavaraj Gangaram Andhare Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the arguments of the learned counsel appearing for the petitioner and the learned Addl. SPP for the respondent-state.

(2.) The factual matrix of this case is that on 09.06.2018 at 17.00 hours the complainant on receiving credible information about extracting of sand and dumping in the tempo illegally at Malaprabha river near Lakkebail village, the complainant along with staff and panchas at 9.45 am reached the spot and while one tempo was coming from Malaprabha river the complainant and staff signaled to stop the vehicle but driver of the vehicle stopped the vehicle and tried to escape from the spot. However, he was caught hold of him and on enquiry he told his name as Basavaraj Gangaram Andhare of Lakkebail village and he was transporting the sand in the vehicle. On enquiry he revealed that he does not have any permit or pass from the Government for transporting the sand and hence the same was seized including the vehicle. Thereafter, the case has been registered for the offence under Section 4(1A), 21, 22 of Mines and Minerals Regulation of Development Act, and Rule 3, 32, 44 of KMMC Act and Section 379 of IPC.

(3.) The main contention of the petitioner in this case is that he has not committed any offence as alleged against him and there is a bar under Section 22 of MMDR Act, 1957 and KMMC Rules and the complainant suo moto registered the case and invoked the offences under the MMDR Act and Rules. The counsel also relied upon the judgment reported in between State of Delhi Vs State of Gujarat and Another, 2015 AIR(SC) 75 with Malubhai Shalabhai Rabari & Others Vs State of Gujarat & Others with Kalubhai Khachar Vs State of Gujarat & Another, wherein it is held that there is bar to take cognizance and only on a private complaint file by the authorized officer the Court can take the cognizance. Hence, the petition is liable to be quashed.