RUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioner/accused No.1 under Section 482 of Criminal Procedure Code to quash the proceedings in C.C. No.656/2017 on the file of Principal Civil Judge and Judicial Magistrate First Class, Khanapur, for the offences punishable under Section 379 of the Indian Penal Code and Sections 21 and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the MMDR Act', for short).

(2.) I have heard the learned counsel for the petitioner/accused No.1 and the learned High Court Government Pleader for the respondent-State.

(3.) The gist of the complaint is that on 20.08.2016, at about 2.00 p.m, the complainant received credible information about the illegal storage of the sand. Immediately, along with his staff and panch witness, he visited the spot at about 2.45 p.m. where they noticed storage of 25 brasses of sand without there being any permit or licence and the same was seized by drawing a mahazar. A complaint was also registered in this behalf. After completion of investigation, the charge sheet has been filed.