BIRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of the petitioners' counsel and the HCGP for respondent State.

(2.) The factual matrix of this case is that on 28.2.2018, at about 6.15 p.m. , the complainant on receiving credible information about a person illegally transporting sand in tractor trailer from bank of Agrani Stream in the limits of Shivanoor village adjacent to the land of one Bheerappa Pujari , the complainant along with staff and panchas, at 6.30 p.m. proceeded towards the spot, and saw a tractor and trailer loaded with sand to be transported which was about to leave the place. On enquiry it was ascertained that without having any pass or permit, the driver and owner of the vehicle were involved in illegal sand mining and they found that the tractor and trailer bearing No.KA-23/TB-3222 and 3223 was loaded with sand and hence he seized the tractor trailer along with sand. Thereafter, a case has been registered for the offence punishable under section 379 of Penal Code and under sections 4(1), 4(1) (A) , 21 of Mines and Minerals (Regulation of Development) Act, 1957 and under rules 3, 32 and 44 of KMMC Rules.

(3.) The main contention of the petitioners in this case is that they have not committed any offence as alleged against them and there is a bar under Sec. 22 of MMDR Act, 1957 and KMMC Rules and the complainant suo moto registered the case and invoked the offences under the MMRD Act and Rules. The counsel also relied upon the judgment in a case 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 a bar to take cognizance and only on a private complaint filed by the authorized officer, the Court can take cognizance. Hence, the initiation of proceedings is liable to be quashed.