PRAJAKTA DEEPAK KATWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioners' counsel and the learned HCGP.

(2.) The petitioners by invoking Articles 226 and 227 of the Constitution of India read with Sec. 482 of Crimial P.C. sought for appropriate directions to the Honourable Prl. Civil Judge and JMFC, Mudhol to consider the advancement application filed in P.C.No.11/2018 vide Annexure-D in the ends of justice and equity and issue any appropriate directions against the concerned Judge to release the lorries bearing No.KA-22-A-8726 and KA- 22-B-562 to the custody of the petitioners.

(3.) The contention of the petitioners in these petitions is that on 29.07.2018 the PSI of Lakapur police station while he was on patrolling duty stopped the lorries and conducted the search and after the search it is found that lime stone was being transported without any pass or permit. Thereafter, the PSI seized the lorries and the mines and intimated to the respondent Department. The respondent/complainant on the basis of the information on 31.07.2018 seized the vehicles and the mineral under Sec. 43(A) of the Act and reported the seized vehicles and mineral to the jurisdictional Court in P.F.No.06/2018 and filed a private complaint against unknown accused persons in P.C.No.11/2018 on the file of Prl. Civil Judge and JMFC, Mudhol. It is further contended that after filing the complaint, on 16.08.2018 the Court was pleased to issue notice to the complainant and again on 01.09.2018 the Court reissued notice to the complainant and on 29.09.2018 the complainant was absent and there was no representation and hence the Court observed that no accused is stated in the complaint by the complainant and the complainant is also not prosecuting properly and he has defaulted and the complaint was dismissed for non-prosecution.