RUDRAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent State.

(2.) In this petition, petitioner is seeking to quash the FIR registered in Karatagi Rural P.S. Crime No.77/2015 for the offences punishable under sections 4(1), 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957, (hereinafter referred to as 'MMDR Act' for short) besides Section 42 of the Karnataka Minor Mineral Concession Rule, 1994 (hereinafter referred to as 'KMMC Rules' for short) and Section 379 of IPC, pending on the file of the Addl. JMFC Court, Gangavati, Dist. Koppal in C.C. No.1532/2015.

(3.) The factual matrix of the case are as under: It is stated in the complaint filed by the complainant alleging that on credible information, the complainant along with Mahabub Ali S/o. Abdul Kareemsab, Revenue Inspector, Siddapur, M. Vishwanath, Deputy Tahasildar, Siddapur, Nagaraj Assistant Engineer, PWD Gangavati, Basavaraj, Village Accountant of Nandihalli went to the scene of crime on 27.04.2015 at around 11:45 a.m. and raided 23 vehicles which were said to have used by the perpetrators/accused, which were unauthorizedly loaded with sand. It is further stated in the complaint that all the drivers took heel from the scene of crime on seeing the raid team led by the concerned authorities. The landed property in which the vehicles were present was belonging to one Veeresh S/o. Siddappa and he was also assisting for the illegal transportation of the sand from the Tungabhadra River.