Karnataka High Court

Arjun Yallappa Ghasti vs The State Of Karnataka on 12 October, 2018

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 12 T H DAY OF OCTOBER 2018

BEFORE

THE HON'BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No .101802 OF 2018
C/w.
CRIMINAL PETITION No s.101987, 101988, 101989,
101990, 101991, 101992, 101993, 101994, 101995,
101996, 101589, 101590, 101591, 101592, 101911,
101806, 101947, 101948, 101949, 101917, 101918,
102014, 102016, 102017, 102019, 102015, 102018,
102020, 101950, 101951, 101952, 101859, 101903 ,
101926, 101927, 102000 OF 2018

In Crl.P. No.101802 of 2018:
BETWEEN:

1. ARJUN YALLAPPA GHASTI,
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O: BENAKOLI,
TQ: HUKKERI,
DIST: BELAGAVI.

2. SATISH RAMA MEKALI,
AGE: 20 YEARS,
OCC: COOLIE,
R/O: BENAKOLI,
TQ: HUKKERI,
DIST: BELAGAVI.
:2: Crl. P. No.101802/2018
& Connected cases

3. RAMA LAGAMA MEKALI,
AGE: 20 YEARS,
OCC: COOLIE,
R/O: BENAKOLI,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)

AND::

THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH SANKESHWAR PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE FIR AND
COMPLAINT IN C.C.NO.991/2018 ON THE FILE OF CIVIL
JUDGE AND JMFC SANKESHWAR, (CRIME NO. 199/2018 OF
SANKESHWAR POLICE STATION) REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 379 READ WITH
34 OF
IPC
AND UNDER SECTION 4(1A), 21 AND 22 OF
MMRD ACT, 1957 AND UNDER RULE 3, 32, 42, 44 OF KMMC
RULES AS AGAINST PRESENT PETITIONER.

In Crl.P. No.101987 of 2018:
BETWEEN:
1. CHANDRU
S/O YASHAWANT BADDEPPANAVAR,
AGE: 26 YEARS,
OCC: DRIVER,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.

2. SUBHASH
S/O HANAMANT HALAGI,
:3: Crl. P. No.101802/2018
& Connected cases

AGE: 46 YEARS,
OCC: AGRICULTURE & OWNER OF TRACTOR,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
.. PETITIONERS
(BY SRI SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KATKOL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.182/2018 OF KATKOL POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379 OF
IPC
AND UNDER SECTION 4(1), 21
OF MMDR ACT, 1957 AND UNDER RULES 3, 32, 44 OF
KMMCR.

In Crl.P. No.101988 of 2018:
BETWEEN:
1. RAVI S/O BHIMAPPA BHAJANTARI,
AGE: 27 YEARS, OCC: DRIVER,
R/O: GODACHI,
TQ: RAMDURG,
DIST: BELAGAVI.

2. IRANNA S/O YALLAPPA BAVANNAVAR
AGE: 35 YEARS, OCC: OWNER OF TIPPER,
R/O: GODACHI,
TQ: RAMDURG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
:4: Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KATKOL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.170/2018 OF KATKOL POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379 OF
IPC
AND UNDER SECTION 4(1), 21
OF MMDR ACT, 1957 AND UNDER RULES 3, 32, 44 OF
KMMCR.

In Crl.P. No.101989 of 2018:
BETWEEN:
BHIMAPPA
S/O SHIVANNAPPA HUDED
AGE: 38 YEARS,
OCC: AGRICULTURE,
R/O: JAMANAL,
TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH GOKAK RURAL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
:5: Crl. P. No.101802/2018
& Connected cases

COMPLAINT IN CRIME NO.184/2018 OF GOKAK RURAL
POLICE STATION REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTION 379 OF
IPC
AND UNDER
SECTION 4(1), 4(1A), 21, 42 R/W 22 OF MMDR ACT, 1957.

In Crl.P. No.101990 of 2018:
BETWEEN:
1. FAKIRAPPA
S/O BHIMASHEPPA HALAGI
AGE: 23 YEARS,
OCC: DRIVER,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.

2. BHIMASHEPPA
S/O FAKKIRAPPA HALAGI
AGE: 50 YEARS,
OCC: OWNER,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)

AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KULGOD PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.119/2018 OF KULGOD POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379, 109 OF
IPC
AND UNDER SECTION
4(1), 4(1A) R/W 21 OF MMDR ACT, 1957.
:6: Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.101991 of 2018:
BETWEEN:
1. BHIMAPPA
MOTHER DURAGAVVA HARIJAN
AGE: 26 YEARS,
OCC: DRIVER,
R/O: GOSABAL,
TQ: GOKAK,
DIST: BELAGAVI.

2. BHIMAPPA @ BHIMASHEPPA
S/O FAKKIRAPPA HALAGI,
AGE: MAJOR,
OCC: OWNER OF TRACTOR,
R/O: HIREKOPPA,
TQ: RAMDURG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH KULGOD PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.147/2018 OF KULGOD POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 379, 109 OF
IPC
AND UNDER SECTION
4(1), 4(1A) R/W 21 OF MMDR ACT, 1957.

In Crl.P. No.101992 of 2018:
BETWEEN:
SHIVAPPA
S/O YAMANAPPA BAYYAR,
:7: Crl. P. No.101802/2018
& Connected cases

AGE: 35 YEARS,
OCC: AGRICULTURE & DRIVER, OWNER,
R/O: SHILTIBHAVI,
TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
THROUGH GOKAK RURAL PS,
DIST: BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.185/2018 OF GOKAK RURAL
POLICE STATION REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTION 379 OF
IPC
AND UNDER
SECTION 4(1), 4(1A), 21, 42 R/W 22 OF MMDR ACT, 1957.

In Crl.P. No.101993 of 2018:
BETWEEN:
BHIMAPPA
S/O. SIDDAPPA HANJI,
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O. MELAVANKI,
TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
:8: Crl. P. No.101802/2018
& Connected cases

THROUGH GOKAK RURAL PS,
DISTRICT: DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.398/2018 (CRIME NO.164/2017
OF GOKAK RURAL POLICE STATION) ON THE FILE OF II
ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTION 379 OF

IPC
AND UNDER SECTION 4(1), 4(1A), 21, 42, 22 OF MMDR
ACT, 1957 RULE 3, 42, 44 KMMC RULE 1994 IN SO FAR THIS
PETITIONER IS CONCERNED.

In Crl.P. No.101994 of 2018:
BETWEEN:
1. VITTAL
S/O. SIDDAPPA KADDI,
AGE:30 YEARS,
OCC: DRIVER,
R/O. ARABHAVI,
TQ:GOKAK,
DISTRICT :BELAGAVI.

2. MALAPPA
S/O. SIDDAPPA CHIGADOLLI,
AGE:21 YEARS,
OCC: AGRICULTURE,
R/O. MELAVANKI,
TQ: GOKAK,
DISTRICT: BELAGAVI.
... PETITIONERS
(BY SRI. SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
THROUGH GHATAPRABHA PS,
:9: Crl. P. No.101802/2018
& Connected cases

DISTRICT:DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO. 1193/2018 (CRIME NO.253/2017
OF GHATAPRABHA POLICE STATION) ON THE FILE OF I
ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTION 379 OF

IPC
AND UNDER SECTION 4(1), 4(1A), 21, 42, 22 OF MMDR
ACT, 1957.

In Crl.P.No.101995 of 2018:
BETWEEN:
1. RAMJAN S/O SHOUKAT MANER,
AGE:28 YEARS,
OCC:DRIVER
R/O NIPPANI
TQ CHIKODI
DISTRICT BELAGAVI.

2. UTTAM S/O SADASHIV MORE,
AGE:48 YEARS,
OCC:AGRICULTURE
R/O YAMAGARNI
TQ CHIKODI
DISTRICT BELAGAVI
... PETITIONERS
(BY SRI.SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
THROUGH SANKESHWAR PS
DISTRICT BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
: 10 : Crl. P. No.101802/2018
& Connected cases

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.453/2018 ON THE FILE OF CIVIL
JUDGE AND JMFC SANKESHWAR, (CRIME NO.105/2017 OF
SANKESHWAR POLICE STATION) REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 379 R/W 34 OF

IPC
AND UNDER SECTION 4(1A), 21 & 22 OF MMDR ACT,
1957.

In Crl.P. No.101996 of 2018:
BETWEEN:
1. GANARAJ S/O IRAGOUDA PATIL
AGE:25 YEARS,
OCC:DRIVER
R/O HUDKO COLONY SANKESHWAR
TQ HUKKERI
DISTRICT BELAGAVI

2. SMT.SHAILA W/O IRAGOUDA PATIL
AGE:48 YEARS,
OCC:HOUSEWIFE/OWNER
R/O HUDKO COLONY SANKESHWAR
TQ HUKKERI
DISTRICT BELAGAVI
... PETITIONERS
(BY SRI.SRINIVAS B NAIK ADV.)

AND:

THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR
THROUGH SANKESHWAR PS
DISTRICT BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR AND
COMPLAINT IN C.C.NO.796/2018 ON THE FILE OF CIVIL
JUDGE AND JMFC, SANKESHWAR, (CRIME NO.24/2018 OF
: 11 : Crl. P. No.101802/2018
& Connected cases

SANKESHWAR POLICE STATION) REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 379, 109 R/W 34
OF
IPC
AND UNDER SECTION 4(1A), 21 & 22 OF MMDR ACT,
1957.

In Crl.P. No.101589 of 2018:
BETWEEN:
SHRI. IRFAN
S/O HAYATACHAND DESAI
AGE: 26 YEARS,
OCC: AGRICULTURE,
R/O: PACHAPUR VILLAGE,
TQ: HUKKERI,
DIST: BELAGAVI
... PETITIONER
(BY SRI.JAGADISH PATIL ADV.)

AND:

THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI POLICE
STATION, BELAGAVI DISTRICT,
NOW REP BY STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE LODGED FIR
CRIME NO.148/2018 FOR OFFENCE U/
S.379
OF
IPC
AND
U/
S.4(1)
,
4(1A)
,
OF MMRD (MINES AND MINERALS
REGULATION & DEVELOPMENT) ACT 1957 IN SO FAR AS
PETITIONER HEREIN IS CONCERNED.
In Crl.P. No.101590 of 2018:
BETWEEN:
1. SHRI. GANGAPPA
S/O BALLAPPA KATABALI
: 12 : Crl. P. No.101802/2018
& Connected cases

AGE: 35 YEARS
OCC: AGRICULTURE,
R/O: CHILABHAVI
TQ: HUKKERI
DIST: BELAGAVI.

2. CHANDRAPPA
S/O RAMAPPA KALLATTI
AGE: 27 YEARS
OCC: AGRICULTURE,
R/O: CHILABHAVI
TQ: HUKKERI
DIST: BELAGAVI

3. SHRIKANTH
S/O BALLAPA KATABALI
AGE: MAJOR
OCC: AGRICULTURE,
R/O: CHILABHAVI
TQ: HUKKERI
DIST: BELAGAVI
... PETITIONERS
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI
POLICE STATION,
BELGAVI DIST,
NOW REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE LODGED FIR
CRIME NO.124/2018 FOR OFFENCE U/
S.353
,
OF
IPC

AND U/
S. 4(1)
,
4(1A)
,
MMRD (MINES AND MINERALS
REGULATION & DEVELOPMENT) ACT 1957 IN SO FAR AS
PETITIONERS HEREIN IS CONCERNED.
: 13 : Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.101591 of 2018:
BETWEEN:
1. SHRI. SADASHIV
S/O RAYAPPA BENDIGERI
AGE: 21 YEARS,
OCC: DRIVER,
R/O: CHILABANVI,
TQ: HUKKERI,
DIST: BELAGAVI.

2. SHETTEPPA
S/O SHETTEPPA KATABALI
AGE: 23 YEARS,
OCC: AGRICULTURE,
R/O: CHILABANVI,
TQ: HUKKERI,
DIST: BELAGAVI.

3. SHRIKANT
S/O BALAPPA KATABALI
AGE: MAJOR,
OCC: OWNER,
R/O: CHILABANVI,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI.JAGADISH PATIL ADV.)

AND:

THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI POLICE STATION,
BELAGAVI DISTRICT,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
: 14 : Crl. P. No.101802/2018
& Connected cases

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR CRIME
NO.223/2018 DATED 08.07.2018 REGISTERED BY
YAMAKANMARDI P.S., HUKKERI CIRCLE, BELGAVI FOR
OFFENCE U/
S. 379
OF
IPC
AND U/
S.4(1)
,
4(1A)
,
OF
MMRD (MINES AND MINERALS REGULATION &
DEVELOPMENT) ACT 1957 AND U/
S.3
,
,
,
OF KMMC
RULES (KARNATAKA MINOR MINERAL CONCESSION RULES)
1994, IN SO FAR AS PETITIONERS HEREIN ARE
CONCERNED.

In Crl.P. No.101592 of 2018:
BETWEEN:
MAURTI
S/O BALAPPA KATABALI
AGE: 38 YEARS,
OCC: DRIVER,
R/O: CHILABHAVI,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH YAMAKANMARDI POLICE STATION,
BELAGAVI DISTRICT,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE LODGED FIR
CRIME NO.185/2018 FOR OFFENCE U/
S.379
OF
IPC
AND
U/
S.4(1)
,
4(1A)
,
OF MMRD (MINES AND MINERALS
REGULATION & DEVELOPMENT) ACT 1957 AND U/SEC.3, 32,
42, 44 OF KMMC RULES (KARNATAKA MINOR MINERAL
: 15 : Crl. P. No.101802/2018
& Connected cases

CONCESSION RULES) 1994 IN SO FAR AS PETITIONERS
HEREIN IS CONCERNED.

In Crl.P. No.101911 of 2018:
BETWEEN:
MR.KIRAN S/O RAMAKANT BHOSLE
AGE: 42 YEARS,
OCC: BUSINESS,
R/O: 361, NEAR BUS STAND
DHARWAD ROAD,
TQ JOIDA, UTTARA KANNADA.
... PETITIONER
(BY SRI.JAGADISH PATIL ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH NANDAGAD POLICE STATION,
BELAGAVI DISTRICT,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND
FIR CRIME NO.108/2018 DATED 24.04.2018 REGISTERED
BY NANDAGAD PS, KHANAPUR CIRCLE, BELAGAVI FOR
OFFENCE U/
S.379
OF
IPC
AND U/
S.21
,
OF MMRD (MINES
AND MINERALS REGULATION & DEVELOPMENT) ACT 1957
AND U/
S.2
,
,
,
OF KMMC RULES (KARNATAKA MINOR
MINERAL CONCESSION RULES) 1994, IN SO FAR AS
PETITIONER HEREIN IS CONCERNED.

In Crl.P. No.101806 of 2018:
BETWEEN:
SHRI. ASHOK
S/O SATYAPPA METRI
: 16 : Crl. P. No.101802/2018
& Connected cases

AGE: 51 YEARS,
OCC: AGRICULTURE,
R/O: ANANTPUR,
TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. VITTHAL S. TELI, ADV.)

AND:

THE STATE OF KARNATAKA
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
THROUGH ATHANI POLICE STATION,
ATHANI, BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING THAT THE ENTIRE PROCEEDINGS
IN ATHANI PS.CR.NO.31/2018 FOR THE OFFENCES U/
S.379

OF
IPC
& U/
S.4(1)
,
4(1A)
,
OF MMDR ACT 1957 AND
RULES 3, 32, 44 OF KARNATAKA MINOR MINERAL
CONCESSION RULES 1994 ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC COURT, ATHANI IN SO FAR
PETITIONER/ACCUSED NO.2 BE QUASHED.

In Crl.P. No.101947 of 2018:
BETWEEN:
DUNDAPPA CHANNAPPA TAKKADI
AGE.48 YEARS
OCC. AGRICULTURE
R/O YADAWAD
TALUKA. YADAWAD
DISTRICT. BELAGAVI
... PETITIONER
(BY SRI. VITTHAL S TELI ADV.)
: 17 : Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
REPRESENTED BY ITS STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA, DHARWAD
THROUGH KULAGOD POLICE STATION
KULAGOD, BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING THAT THE ENTIRE PROCEEDING
IN KULGOD PS.CR.NO.31/2018 FOR THE OFFENCES
PUNISHABLE U/
S.379
,
OF
IPC
& U/SEC.4(1), 4(1A)
R/W.21 OF MMDR ACT 1957 AND RULES 3, 32, 44 OF THE
KARNATAKA MINOR MINERAL CONCESSION RULES 1994 ON
THE FILE OF CIVIL JUDGE AND JMFC, MUDALAGI IN SO FAR
PETITIONER/ACCUSED NO.2 BE QUASHED.

In Crl.P. No.101948 of 2018:
BETWEEN:
NINGAPPA
S/O ANNAPPA MUKANAVAR
AGE: YEARS
OCC. BUSINESS
R/O MAIGUR
TQ,. JAMKHANDI
DIST. BAGALKOT
... PETITIONER
(BY SRI. VITTHAL S TELI ADV.)

AND:

THE STATE OF KARNATAKA
REPRESENTED ITS STATE PUBLIC
PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD
THROUGH ATHANI POLICE STATION
: 18 : Crl. P. No.101802/2018
& Connected cases

ATHANI, TAL. ATHANI
DIST. BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING THAT THE FIR AND COMPLAINT IN
ATHANI PS.CR.NO.217/2018 ON THE FILE OF PRL. CIVIL
JUDGE AND JMFC COURT, ATHANI FOR THE OFFENCE
PUNISHABLE U/SEC.379 OF
IPC
& U/
S.4(1)
,
4(1A)
,
OF
MMDR ACT 1957 & U/
S.3
,
,
OF KMMC RULES 1994, BE
QUASHED IN SO FAR PETITIONER/ACCUSED NO.2.

In Crl.P. No.101949 of 2018:
BETWEEN:
SIDARAMAYYA BASAVANGUDI @
SHIVAYYA PUJERI
AGE.28 YEARS
OCC. BUSINESS
R/O KAKAMARI
TQ. ATHANI
DIST. BELAGAVI
... PETITIONER
(BY SRI. VITTHAL S TELI ADV.)

AND:

THE STATE OF KARNATAKA
REPRESENTED BY ITS STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD, THROUGH
AIGALI POLICE STATION
AIGALI, TAL. ATHANI
DIST. BELAGAVI
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING THAT ENTIRE PROCEEDING IN
: 19 : Crl. P. No.101802/2018
& Connected cases

AIGALI PS.CR.NO.119/2018 ON THE FILE OF IV ADDL. CIVIL
JUDGE AND JMFC COURT, ATHANI FOR THE OFFENCE
PUNISHABLE U/SEC.379 OF
IPC
& U/
S.4(1)
,
4(1A)
,
,
&
OF MMDR ACT 1957, BE QUASHED SO FAR AS
PETITIONER IS CONCERNED.

In Crl.P. No.101917 of 2018:
BETWEEN:
1. MALLAPPA S/O NANDEPPA MALAKAPPANAVAR
AGE.50 YEARS
OCC. AGRICULTURE
R/O HIPPARAGI
TALUK. JAMKHANDI
DISTRICT. BAGALKOT

2. SANGAPPA S/O SADEPPA TELSANG
AGE.30 YEARS
OCC. AGRICULTURE
R/O HIPPARAGI
TALUK. JAMKHANDI
DISTRICT. BAGALKOT
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)

AND:

THE STATE OF KARNATAKA
BY ATHANI POLICE
REP BY ADDL SPP
HIGH COURT OF KARNATAKA
BENCH DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION OF
THE ATHANI PS.CR.NO.301/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 4(1), 4(1)(A), 21 OF MMRD
ACT 1957, UNDER RULE 3, 32 AND 44 OF KMMC RULES AND
U/SEC.379 OF
IPC
PENDING ON THE FILE OF PRL. JMFC
COURT, MUDALAGI.
: 20 : Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.101918 of 2018:
BETWEEN:

BHUJABALI S/O APPASAB
MALAGOUDANAVAR
AGE.38 YEARS
OCC. DRIVER
R/O TEERTH
TALUK.ATHANI
DISTRICT. BELAGAVI
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)

AND:

THE STATE OF KARNATAKA
BY ATHANI POLICE
REP BY ADDL SPP
HIGH COURT OF KARNATAKA
BENCH DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION OF
THE ATHANI PS.CR.NO.310/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 4(1), 4(1)(A), 21 OF MMRD
ACT 1957, UNDER RULE 3, 32 AND 44 OF KMMC RULES AND
U/SEC.379 OF
IPC
PENDING ON THE FILE OF PRL. JMFC
COURT, MUDALAGI IN SO FAR AS PETITIONER CONCERNED.

In Crl.P. No.102014 of 2018 :
BETWEEN:
DASHARAT KONDIBA PATIL
AGE:50 YEARS,
OCC :AGRICULTURE/
OWNER CUM DRIVER OF THE
: 21 : Crl. P. No.101802/2018
& Connected cases

TRACTOR AND TRAILER,
R/O. SAMBARGI, TQ:ATHANI,
DIST:BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY ATHANI POLICE REP BY
ADDL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO. 46/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1),
4(1A), 21 OF MMRD ACT 1957, UNDER RULE 3, 32 AND 44
OF KMMC RULES AND U/SEC.379 OF
IPC
PENDING ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC COURT ATHANI.

In Crl.P. No.102016 of 2018:
BETWEEN:
1. SUSHILABAI W/O MAHADEV MADAR
AGE: 59 YEARS,
OCC: AGRICULTURE/ OWNER OF THE
TRACTOR AND TRAILER,
R/O: SUTTATTI, TQ: ATHANI,
DIST: BELAGAVI.

2. MARUTI S/O MAHADEV MADAR
AGE: 32 YEARS,
OCC: AGRICULTURE/DRIVER OF THE
TRACTOR AND TRAILER,
R/O: SUTTATTI, TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
: 22 : Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
BY AIGALI POLICE,
REP BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE AIGALI PS.CR.NO.124/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1)(A),
21, 42 R/W SEC.22 OF MMRD ACT 1957, UNDER SECTION
379 OF
IPC
PENDING ON THE FILE OF PRL. CIVIL JUDGE
AND JMFC COURT ATHANI.

In Crl.P. No.102017 of 2018:
BETWEEN:
ANIL S/O MAHADEV KHOT
AGE: 28 YEARS,
OCC: AGRICULTURE/OWNER OF THE TIPPER,
BEARING NO.KA-23/A-3550,
R/O: SAMBARGI,
TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)

AND:

THE STATE OF KARNATAKA
BY ATHANI POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
: 23 : Crl. P. No.101802/2018
& Connected cases

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO. 50/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1),
4(1A), 21 OF MMRD ACT 1957, UNDER RULES 3, 32 AND 44
OF KMMC RULES AND U/SEC.379 OF
IPC
PENDING ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC COURT ATHANI.

In Crl.P. No.102019 of 2018:
BETWEEN:
SHIVAJI S/O NARAYAN SAVANT
AGE: 40 YEARS
OCC: AGRICULTURE /OWNER
OF THE TRACTOR
R/O: CHAMAKERI,
TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL)

AND:

THE STATE OF KARNATAKA,
BY ATHANI POLICE,
REP. BY ADDL. STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO.45/2018
FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1),
4(1A), 21 OF MMRD ACT 1957, UNDER RULE 3, 32 AND 44
OF KMMC RULES AND U/SEC.379 OF
IPC
PENDING ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC COURT ATHANI.
: 24 : Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.102015 of 2018:
BETWEEN:
1. SAMBHAJI S/O KAREPPA KHANDEKAR
AGE:31 YEARS, OCC: AGRICULTURE/OWNER
R/O SAMBARGI,
TALUK:ATHANI, DISTRICT BELAGAVI

2. SURESH S/O SHIVAJI CHOUGALE
AGE:25 YEARS,
OCC:DRIVER/AGRICULTURE,
R/O SAMBARGI, TALUK:ATHANI,
DISTRICT BELAGAVI

3. KAREPPA S/O NINGAPPA KHANDEKAR
AGE:75 YEARS, OCC: AGRICULTURE,
R/O SAMBARGI, TALUK:ATHANI,
DISTRICT:BELAGAVI
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)

AND:

THE STATE OF KARNATAKA
BY ATHANI POLICE
REP BY ADDL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENCH DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION OF
FIR AND COMPLAINT OF THE ATHANI PS.CR.NO.137/2018
FOR THE OFFENCE PUNISHABLE U/SEC.4(1), 4(1A), 21 OF
MMRD ACT 1957, UNDER RULE 3, 32 AND 44 OF KMMC
RULES AND U/SEC.379 OF
IPC
PENDING ON THE FILE OF
PRL. CIVIL JUDGE AND JMFC COURT, ATHANI, IN SO FAR AS
PETITIONER IS CONCERNED.
: 25 : Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.102018 of 2018:
BETWEEN:
AYYAPPA S/O LAKKAPPA BIRADAR
AGE: 40 YEARS,
OCC: AGRICULTURE AND
OWNER OF THE MH-45/S-4378,
R/O ARATAL, TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.HARSHAWARDHANA M PATIL ADV.)

AND:

THE STATE OF KARNATAKA
BY JAMAKHANDI RURAL POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF THE JAMAKHANDI RURAL
PS.CR.NO.98/2017 (C.C.NO.148/2018) FOR THE OFFENCE
PUNISHABLE U/SEC.4(1), 4(1A), 21 OF MMRD ACT 1957,
UNDER RULE 44 OF KMMC RULES AND U/SEC.379 OF
IPC

PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC
COURT, JAMAKHANDI IN SO FAR AS PETITIONER IS
CONCERNED.

In Crl.P. No.102020 of 2018:
BETWEEN:
1. SHRI. DHAREPPA
S/O KARABASU ALLITTI
AGE: 50 YEARS,
OCC: OWNER OF THE TIPPER/AGRICULTURE,
R/O: A/P: KHILEGAON,
TQ: ATHANI, DIST: BELAGAVI.
: 26 : Crl. P. No.101802/2018
& Connected cases

2. SHRI.BASAVARAJ
S/O APPASAB @ APPASAHEB GONDHALI
AGE: 34 YEARS, OCC: DRIVER,
R/O: SHIVAYOGI NAGAR, ATHANI,
TQ: ATHANI, DIST: BELAGAVI.
... PETITIONERS
(BY SRI.HARSHAWARDHANA M PATIL ADV.)
AND:
THE STATE OF KARNATAKA
BY AIGALI POLICE
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE REGISTRATION
FIR AND COMPLAINT OF AIGALI PS.CR.NO.151/2018 FOR
THE OFFENCE PUNISHABLE U/SEC.4(1), 4(1A), 21, 42 R/W
SEC.22 OF MMRD ACT 1957 AND U/SEC.379 OF
IPC

PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC
COURT, ATHANI.

In Crl.P. No.101950 of 2018:
BETWEEN:
1. SHRI.ARJUN NARAYAN KESARKAR
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: NO.651, MATH GALLI, NANDAGAD,
DIST: BELAGAVI.

2. SHRI.SUBHASH VAMAN PATIL
AGE: 52 YEARS,
OCC: AGRICULTURE,
R/O: KASABA, NANDAGAD,
TQ:KHANAPUR DIST: BELAGAVI.
... PETITIONERS
(BY SRI.VISHWANATH BADIGER, ADV.)
: 27 : Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
PRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
(NANDAGAD P.S.),
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT: DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND
QUASH THE FIR REGISTERED AGAINST THE PETITIONERS /
ACCUSED NO.1 AND 2 IN CRIME NO.72/2018 REGISTERED
BY NANDAGAD PS FOR THE OFFENCES PUNISHABLE
U/SEC.21 AND 22 OF MINES AND MINERALS REGULATION
OF DEVELOPMENT ACT AND SEC.3, 32, 42 R/W SEC.44 OF
KMMC RULES 1994 AND SEC.379 OF
IPC
.

In Crl.P. No.101951 of 2018:
BETWEEN:
RAJARAM RUKMANNA GORAL
AGE: 40 YEARS,
OCC: AGRICULTURE,
R/O: A/POST: HARURI,
TQ: KHANAPUR,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.VISHWANATH BADIGER ADV.)

AND:

THE STATE OF KARNATAKA
PRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
(KHANAPUR P.S.),
HIGH COURT OF KARNATAKA,
: 28 : Crl. P. No.101802/2018
& Connected cases

DHARWAD BENCH,
AT: DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND
QUASH THE FIR REGISTERED AGAINST THE PETITIONER IN
CRIME NO.92/2018 REGISTERED BY KHANAPUR PS FOR THE
OFFENCES PUNISHABLE U/SEC.4(1A) AND SEC.21 AND 22
OF MINES AND MINERALS REGULATION & DEVELOPMENT
ACT AND SEC.379 OF
IPC
.

In Crl.P. No.101952 of 2018:
BETWEEN:
PANDURANG NAMADEV PATIL
AGE:34 YRS, OCC: DRIVER,
R/O.NO.131, HARURI MANTURGA,
TAL KHANAPUR, DIST:BELAGAVI
... PETITIONER
(BY SRI.VISHWANATH BADIGER ADV.)

AND:

THE STATE OF KARNATAKA
PRESENTED BY ITS,
STATE PUBLIC PROSECUTOR
(KHANAPUR P S)
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND
QUASH THE FIR REGISTERED AGAINST THE PETITIONER IN
CRIME NO.91/2018 REGISTERED BY KHANAPUR PS FOR THE
OFFENCES PUNISHABLE UNDER SECTION 4(1A) AND SEC.21
AND 22 OF MINES AND MINERALS REGULATION &
DEVELOPMENT ACT AND SEC.379 OF
IPC
.
: 29 : Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.101859 of 2018:
BETWEEN:
SHIVAPPA
S/O. REVAPPA MALI
AGE:38 YEARS,
OCC: BUSINESS,
R/O. KHONDOBA MANDIR,
KODI MALA, SATARA ROAD,
JATH, TALUK:JATH,
DISTRICT:SANGLI.
PIN CODE: 416404
STATE: MAHARASHTRA
... PETITIONER
(BY SRI.SANGAMESH S GHULAPPANAVAR ADV.)

AND:

THE STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
THROUGH ATHANI POLICE STATION,
ATHANI, BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.308/2018, REGISTERED BY
THE ATHANI POLICE STATION AS AGAINST THE PETITIONER
HEREIN FOR THE ALLEGED OFFENCES UNDER SECTION 379
OF
IPC
R/W SEC.4(1), 4(1A) & 21 OF MMDR ACT, 1957 AND
RULES 3, 32 & 44 OF KARNATAKA MINE MINERAL
CONCESSION RULES 1994, PENDING ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN.) & JMFC COURT, ATHANI, AS
AGAINST THE PETITIONER/ACCUSED (OWNER-CUM DRIVER
OF TIPPER MH-10/AW7584).
: 30 : Crl. P. No.101802/2018
& Connected cases

In Crl.P. No.101903 of 2018:
BETWEEN:
SHRI.RAMCHANDRA
S/O MUTTEPPA NAGANUR
AGE: 25 YEARS,
OCC: AGRICULTURE,
R/O: KEMMANAKOL VILLAGE,
TQ: GOKAK, DIST: BELAGAVI.
... PETITIONER
(BY SRI.SANTOSH S HATTIKATAGI ADV.)

AND:

THE STATE OF KARNATAKA
R/BY KULGOD POLICE STATION,
THROUGH STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE
PROCEEDINGS PENDING ON THE FILE OF ADDL. CIVIL
JUDGE AND JMFC, GOKAK IN KULGOD PS.CRIME
NO.60/2018 FOR THE OFFENCE PUNISHABLE UNDER 379 OF

IPC
AND SECTIONS 4(1), 4(1A) R/W SEC.21 OF MMRD ACT.

In Crl.P. No.101926 of 2018:
BETWEEN:
BHIMAPPA FAKIRAPPA MAYANNAVAR
AGE: 35 YEARS,
OCC: AGRICULTURE,
R/O: TORANAGATTI-591114,
TQ: SAVADATTI,
DIST: BELAGAVI
... PETITIONER
(BY SRI.SANTOSH.B.RAWOOT ADV.)
: 31 : Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
BY MURGOD POLICE STATION,
REPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO CALL FOR THE RELEVANT
RECORDS AND TO ALLOW THIS CRIMINAL PETITION BY
QUASHING THE FIR AND COMPLAINT CHARGE SHEET FILED
IN C.C.NO.1008/2018 (MURGOD PS CRIME NO.112/2018)
OF MURGOD POLICE STATION, BELAGAVI, FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTION 379 OF

IPC
, MMRD (MINES AND MINERALS REGULATION &
DEVELOPMENT) ACT 1957 (U/SEC. 4(1), 4(1A), 21),
KARNATAKA MINOR MINERAL CONCESSION RULES 1994
(U/SEC.3, 32, 44), THEREBY REGISTERING THE CASE
AGAINST THE PETITIONER AND CONSEQUENTLY QUASH THE
ENTIRE PROCEEDINGS PENDING THEREON.

In Crl.P. No.101927 of 2018:
BETWEEN:
1. SHRI. KALLOLI MARUTI KALSANNAVAR
AGE.40 YEARS, OCC. AGRICULTURE
R/O KATKOL-591114
TQ. RAMDURG,
IST. BELAGAVI

2. SHRI. TUKARAM HANAMANTH HEGED
AGE.55 YEARS, OCC. AGRICULTURE
R/O AT POST SUNELKERI
(JIWAPUR)-591114
TQ. RAMDURG, DIST. BELAGAVI
... PETITIONERS
(BY SRI.SANTOSH.B.RAWOOT ADV.)
: 32 : Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
BY KANKOL POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
DAHRWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO CALL FOR THE RELEVANT
RECORDS AND TO ALLOW THIS CRIMINAL PETITION BY
QUASHING THE FIR AND COMPLAINT IN KATKOL PS CRIME
NO.111/2018 FIELD BY THE KATKOL POLICE STATION, FOR
THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 379
OF
IPC
, MMRD (MINES AND MINERALS REGULATION &
DEVELOPMENT) ACT 1957 (U/SEC.4(1), 4(1A), 21),
KARNATAKA MINOR MINERAL CONCESSION RULES 1994
(U/SEC.3, 32, 44), THEREBY REGISTERING THE CASE
AGAINST THE PETITIONERS AND CONSEQUENTLY QUASH
THE ENTIRE PROCEEDINGS PENDING THEREON.

In Crl.P. No.102000 of 2018:
BETWEEN:
1. UMESH YANKAPPA WADIYAR
AGE:28 YEARS,
OCC: AGRICULTURE,
R/O. MANIKATTI,
TAL:SAUDATTI,
IST:BELAGAVI.

2. YANKAPPA RAMAPPA WADIYAR
AGE:28 YEARS,
OCC: AGRICULTURE,
R/O. MANIKATTI,
TAL:SAUDATTI,
DIST:BELAGAVI.
... PETITIONERS
(BY SRI.SANGAMESH S GHULAPPANAVAR ADV.)
: 33 : Crl. P. No.101802/2018
& Connected cases

AND:

THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD
THROUGH SAUNDATTI POLICE STATION,
ATHANI, BELAGAVI.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.26/2018, REGISTERED BY
SAUNDATTI POLICE STATION AS AGAINST THE
PETITIONERS HEREIN FOR THE ALLEGED OFFENCE U/
S.379

OF
IPC
R/W SECTION 4(1), 4(1A) & 21 , 22 OF MMDR ACT,
1957, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.)
& JMFC COURT, SAUNDATTI, AS AGAINST THE
PETITIONERS/ACCUSED NOS.2 & 4.

These Petitions coming on for Admission, this day the
Court made the following:

ORDER

Sri.Praveen K.Uppar learned HCGP accep ts

notice for the respondent. With consent of both

parties, the matters are taken up for final disposal.

2. Though, all these cases arise out of

different Crime numbers of different police stations

and p end ing b efore different Courts, since issue

: 34 : Crl. P. No.101802/2018

& Connected cases

involved in the cases is only question of law and the

same is common in all these cases, they are taken

up together for d isposal by this common order.

3. The respondent police in all these cases

registered criminal cases ag ainst the respective

petitioners for the offences punishable under

Sections 4
,
4(1A)
,
,
read with
Section 22
of

the Mines and Minerals (Development and

Regulation) Act, 1957 (for short '
MMDR Act
') and

und er Rules 3, 32 and 44 of the Karnataka Minor

Mineral Concessions Rules, 1994 (for short 'Rules')

and Section 379 of the Indian Penal Cod e, 1860 (for

short '
IPC
'), etc. For the purpose of b revity and

convenience, the particulars of the Crime numb er,

police station, name of the complainant and his

designation are set out in the tab ular column below:

Complainant's
Sl. Crime
Case Number Police Station name and
No. Number
designation
1 Crl.P. Sankeshwar
199/2018 H.D.Mulla, PSI
No.101802/2018 P.S.
2 Crl.P.
182/2018 Katkol P.S. R.M. Sankanal, PSI

No.101987/2018

3 Crl.P.
170/2018 Katkol P.S. R.M. Sankanal, PSI

No.101988/2018

: 35 : Crl. P. No.101802/2018

& Connected cases

4 Crl.P. Gokak Rural G.B.Konganolli,

184/2018

No.101989/2018 P.S. PSI
5 Crl.P.
119/2018 Kulagod P.S. K.N.Pattar, ASI

No.101990/2018

6 Crl.P.
147/2018 Kulagod P.S. R.Y.Bilagi, PSI

No.101991/2018

7 Crl.P. Gokak Rural G.B.Konganolli,

185/2018

No.101992/2018 P.S. PSI
8 Crl.P. Gokak Rural
164/2017 S.R.Kattimani, PI
No.101993/2018 P.S.
9 Crl.P. Ghataprabha
253/2017 S.R.Kattimani, PI
No.101994/2018 P.S.
10 Crl.P. Sankeshwar
105/2017 A.K.Kamble, PSI
No.101995/2018 P.S.
11 Crl.P. Sankeshwar
24/2018 H.D.Mulla, PSI
No.101996/2018 P.S.
12 Crl.P. Yamakan
148/2018 S.B.Patil, PSI
No.101589/2018 maradi P.S.
13 Crl.P. Yamakan
124/2018 S.B.Patil, PSI
No.101590/2018 maradi P.S.
14 Crl.P. Yamakan
223/2018 B.S.Talwar, PSI
No.101591/2018 maradi P.S.
15 Crl.P. Yamakan
185/2018 S.B.Patil, PSI
No.101592/2018 maradi P.S.
16 Crl.P. M.B.Holleppagol,
No.101911/2018 108/2018 Nandagad P.S.
ASI
17 Crl.P. Suresh C.
No.101806/2018 31/2018 Athani P.S. Bendegumbal,
PSI (L&O)
18 Crl.P.
31/2018 Kulgod P.S. R.Y.Bilagi, PSI

No.101947/2018

19 Crl.P. Suresh C.
No.101948/2018 217/2018 Athani P.S. Bendegumbal,
PSI (L&O)
20 Crl.P.
No.101949/2018 119/2018 Aigali P.S. H.D.Mulla, PSI

21 Crl.P. Suresh C.
No.101917/2018 301/2018 Athani P.S. Bendegumbal,
PSI (L&O)
22 Crl.P. Suresh C.
No.101918/2018 310/2018 Athani P.S. Bendegumbal,
PSI (L&O)

: 36 : Crl. P. No.101802/2018

& Connected cases

23 Crl.P. Suresh C.
No.102014/2018 46/2018 Athani P.S. Bendegumbal,
PSI (L&O)
24 Crl.P.
124/2018 Aigali P.S. H.D.Mulla, PSI

No.102016/2018

25 Crl.P. Suresh C.
No.102017/2018 50/2018 Athani P.S. Bendegumbal,
PSI (L&O)
26 Crl.P. Suresh C.
No.102019/2018 45/2018 Athani P.S. Bendegumbal,
PSI (L&O)
27 Crl.P. Ramagond
No.102015/2018 137/2018 Athani P.S. B.Basargi, DSP,
Athani Sub Division
28 Crl.P. Jamakhandi P.S.Chanagonda,
No.102018/2018 98/2017 TEM, Govt. Official
Rural P.S.
(Gazetted Officer)
29 Crl.P.
151/2018 Aigali P.S. M.B.Biradar, PSI

No.102020/2018

30 Crl.P. Sanjay Kumar
72/2018 Nandagad P.S.
No.101950/2018 Kallur, PSI
31 Crl.P.
92/2018 Khanapur P.S. I.S.Gurunath, CPI

No.101951/2018

32 Crl.P.
91/2018 Khanapur P.S. I.S.Gurunath, CPI

No.101952/2018

33 Crl.P. Suresh C.
No.101859/2018 308/2018 Athani P.S. Bendegumbal,
PSI (L&O)
34 Crl.P.
60/2018 Kulgod P.S. R.Y.Bilagi, PSI

No.101903/2018

35 Crl.P. Prasad Phanekar,
112/2018 Murgod P.S.
No.101926/2018 PSI
36 Crl.P.
111/2018 Katkol P.S. R.M.Sankanal, PSI

No.101927/2018

37 Crl.P. I.M.Mathapati, PSI
26/2018 Savadatti P.S.
No.102000/2018 (L&O)

4. In all the above cases, the alleg ations

ag ainst the petitioners were that they were illeg ally

extracting / transporting sand -the Government

: 37 : Crl. P. No.101802/2018

& Connected cases

property without valid permit or evad ing payment of

required royalty. The alleg ations are that thereby

they have committed theft of Government p roperty /

sand which constitute the offences punishable under

Section 379
IPC and
Sections 4
,
4(1)
,
4(1A)
,
&

42 read with
Section 22
of the MMDR Act and und er

Rules 3, 32 & 44 of the Rules.

5. The learned counsel for the petitioners

seek quashing of the aforesaid proceedings on the

following grounds:

(i) As per
Section 22
of the MMDR Act,

only an officer authorised as per Rule

2(1)(a-1-a) of the Rules shall file

complaints;

(ii) The comp lainants / informants were not

authorised persons to file the

complaint.

(iii) Even authorised officers have to file

complaint b efore the Mag istrate and not

: 38 : Crl. P. No.101802/2018

& Connected cases

before the Station House Officer of the

police station;

(iv) The police are not competent to receive

such complaints and take up

investig ation on such complaints.

6. Sri.Praveen K.uppar, learned HCGP

submits that the police are competent to file the

report and on such reports register FIR when the

complaints is for the offences punishab le under
IPC
.

7. Therefore, the q uestion involved in all the

above cases is whether a complaint for violation of

the p rovisions of
MMDR Act
can be filed before the

Station House Officer of a police station and on such

complaint whether the respondent police could

register the FIR and take up the investig ation?

8. Section 22 of the MMDR Act reads as

und er:

"22. Cognizance of offences.―No
court shall take cognizance of any
offence punishable under this Act or any

: 39 : Crl. P. No.101802/2018

& Connected cases

rules made thereunder except upon
complaint in writing made by a person
authorised in this behalf by the Central
Government or the State Government."

9. Complaint is d efined in
Section 2(d)
of the

Code of Criminal Procedure, 1973 [for short

'
Cr.P.C
.'] as follows:

"2. Definitions.--In this Code, unless the
context otherwise requires.--

(d) "Complaint" means any allegation
made orally or in writing to a Magistrate,
with a view to his taking action under this
Code, that some person, whether known
or unknown, has committed an offence but
does not include a police report."

10. Rule 2(1)(a-1-a) of the Rules d efines the

authorised officer as follows:

"2(1) (a-1-a) "Authorised Officer"

means an officer not below the rank of
Group B authorized by the State
Government or the Commissioner or the
Director of Mines and Geology or Deputy
Commissioner of the District to act for the
specific purpose under these Rules."

: 40 : Crl. P. No.101802/2018

& Connected cases

11. The p erusal of the above provisions make

it clear that the Court is b arred from taking

cognizance of the offences und er the
MMDR Act
or

the Rules mad e thereund er unless the comp laint in

writing is mad e by the persons authorised under

Rule 2(1)(a-1-a) of the Rules. Since
Section 2(d)
of

Cr.P.C. excludes the police report from the

definition of complaint essentially the comp laint has

to b e filed b efore the Mag istrate.

12. In these cases, complainants have not

stated in their complaints that they are the persons

authorised und er Rule 2(1)(a-1-a) of the Rules to

file complaint. The complaints are not accompanied

by any such authorization notifications. Even

assuming that they are so authorised , the complaint

in respect of the offences und er the
MMDR Act
and

Rules ought to have been filed before the Mag istrate

and not before the Station House Officer of the

police station.

: 41 : Crl. P. No.101802/2018

& Connected cases

13. Hon'b le Sup reme Court in p arag rap hs 72

& 73 of the judgment in
State (NCT of Delhi) Vs.

Sanjay
, (2014) 9 SCC 772 case in this reg ard has

held as follows:

"72. From a close reading of the
provisions of
MMDR Act
and the offence
defined under
Section 378
IPC, it is
manifest that the ingredients constituting
the offence are different. The
contravention of terms and conditions of
mining lease or doing mining activity in
violation of
Section 4
of the Act is an
offence punishable under
Section 21
of the
MMDR Act, whereas dishonestly removing
sand, gravel and other minerals from the
river, which is the property of the State,
out of State's possession without the
consent, constitute an offence of theft.
Hence, merely because initiation of
proceeding for commission of an offence
under the
MMDR Act
on the basis of
complaint cannot and shall not debar the
police from taking action against persons
for committing theft of sand and minerals
in the manner mentioned above by
exercising power under the Code of

: 42 : Crl. P. No.101802/2018

& Connected cases

Criminal Procedure and submit a report
before the Magistrate for taking
cognizance against such persons. In other
words, in a case where there is a theft of
sand and gravel from the Government
land, the police can register a case,
investigate the same and submit a final
report under
Section 173
Cr.P.C. before a
Magistrate having jurisdiction for the
purpose of taking cognizance as provided
in
Section 190(1)(d)
of the Code of
Criminal Procedure.

73. After giving our thoughtful
consideration in the matter, in the light
of relevant provisions of the Act vis-à-
vis the
Code of Criminal Procedure

and the
Indian Penal Code
, we are of
the definite opinion that the
ingredients constituting the offence
under the
MMDR Act
and the
ingredients of dishonestly removing
sand and gravel from the riverbeds
without consent, which is the
property of the State, is a distinct
offence under
IPC
. Hence, for the
commission of offence under
Section
IPC, on receipt of the police

: 43 : Crl. P. No.101802/2018

& Connected cases

report, the Magistrate having
jurisdiction can take cognizance of the
said offence without awaiting the
receipt of complaint that may be filed
by the authorised officer for taking
cognizance in respect of violation of
various provisions of the
MMDR Act
.
Consequently, the contrary view taken by
the different High Courts cannot be
sustained in law and, therefore, overruled.
Consequently, these criminal appeals are
disposed of with a direction to the
concerned Magistrates to proceed
accordingly."

(Emphasis supplied)

14. A read ing of the above judgment makes it

clear that the p olice are not competent to register

the FIR for the offences punishab le under
MMDR Act

or the Rules, but they are not b arred from

registering the FIR for the offences punishab le

und er
IPC
. Therefore, the FIR and consequential

Criminal proceedings pend ing b efore the Mag istrate

in the above cases so far they relate to the offences

: 44 : Crl. P. No.101802/2018

& Connected cases

und er
MMDR Act
and Rules are liable to be quashed.

Therefore, the petitions are p artly allowed.

15. The first information report and other

conseq uential p roceedings in the below mentioned

cases so far they relate to the offences punishab le

und er the
MMDR Act
and the Rules are hereby

quashed:

Crime Number Police Station
199 of 2018 Sankeshwar P.S.
182 of 2018 Katkol P.S.
170 of 2018 Katkol P.S.
184 of 2018 Gokak Rural P.S.
119 of 2018 Kulagod P.S.
147 of 2018 Kulagod P.S.
185 of 2018 Gokak Rural P.S.
164 of 2017 Gokak Rural P.S.
253 of 2017 Ghataprabha P.S.
105 of 2017 Sankeshwar P.
S.
of 2018 Sankeshwar P.S.
148 of 2018 Yamakan maradi P.S.
124 of 2018 Yamakan maradi P.S.
223 of 2018 Yamakana maradi P.S.
185 of 2018 Yamakan maradi P.S.
108 of 2018 Nandagad P.
S.
of 2018 Athani P.
S.
of 2018 Kulgod P.S.
217 of 2018 Athani P.S.
119 of 2018 Aigali P.S.
301 of 2018 Athani P.S.
310 of 2018 Athani P.S.
46 of 2018 Athani P.S.
124 of 2018 Aigali P.S.

: 45 : Crl. P. No.101802/2018

& Connected cases

50 of 2018 Athani P.S.
45 of 2018 Athani P.S.
137 of 2018 Athani P.S.
98 of 2017 Jamakhandi Rural P.S.
151 of 2018 Aigali P.S.
72 of 2018 Nandagad P.S.
92 of 2018 Khanapur P.S.
91 of 2018 Khanapur P.S.
308 of 2018 Athani P.S.
60 of 2018 Kulgod P.S.
112 of 2018 Murgod P.S.
111 of 2018 Katkol P.
S.
of 2018 Savadatti P.S.

Liberty is reserved to the Government to

proceed with regard to the offences under the
MMDR

Act
& the Rules in the aforesaid cases in accord ance

with law.

Sd/-

JUDGE

RK/-