GOPALKRISHNA SHETTY R/O Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The factual matrix of this case is that Station Officer, Ankola Police Station, Dist: Uttara Kannada, has registered the case in Crime No.215/2018 dated 18.06.2018 against the petitioner who has been arrayed as accused for alleging that he has committed the offences punishable Rules 3, 44(2), 42 of KMMC Rules, 1994 and Sections 4(1A), 21, 4(1) of Mines and Minerals (Development and Regulations) Act, (MMDR), 1957 and under and Sec. 379 of IPC.

(3.) The main contention of the petitioner in this petition is that on the basis of the complaint annexed in Annexures- A and B complaint dated 18.06.2018 filed by the respondent Police is untenable in law. Sec. 22 of MMDR Act, 1957 mandates that no Court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government.