RAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and also the learned HCGP.

(2.) This petition is filed under Sec. 482 of Crimial P.C. praying this Court to quash the criminal proceedings initiated against the petitioner in Crime No.131/2018 for the offences punishable under Sec. 379 of Penal Code and 4(1) read with Sec. 21 of Mines and Minerals (Development and Regulation) Act (for short, 'MMDR. Act') and Rules 3, 32 and 44 of Karnataka Minor Mineral Concession Rules 1994 (for short, 'KMMC Rules') on the file of the Prl. Civil Judge and JMFC, Ramadurg and prayed this Court to pass such other relief as deems fit in the circumstances of the case.

(3.) The factual matrix of the case is that PSI of Katakol P.S. given the complaint to the SHO stating that he has received credible information that this petitioner is unauthorizedly loading the sand in three tractors and hence immediately he himself and along with other staff went and seized the tractors and based on the complaint, the SHO registered the case in Crime No.131/2018 for the offences under Sec. 379 of Penal Code and 4(1) read with Sec. 21 of MMDR. Act and Rules 3, 32 and 44 of KMMC Rules.