Smt. Eramma W/O Shekappa Malikaru vs The State Of Karnataka
2025 Latest Caselaw 4024 Kant

Karnataka High Court

Smt. Eramma W/O Shekappa Malikaru vs The State Of Karnataka on 17 February, 2025

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                                                           CRL.P No. 101764 of 2024




                                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                                 DATED THIS THE 17TH DAY OF FEBRUARY, 2025
                                                                  BEFORE
                                             THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                                         CRIMINAL PETITION NO. 101764 OF 2024 (482(Cr.PC)/528(BNSS))

                                        BETWEEN:

                                        1.   SMT. ERAMMA W/O. SHEKAPPA MALIKARU
                                             AGE. 70 YEARS, OCC. HOUSE WIFE,
                                             R/O. MADINUR VILLAGE-583230,
                                             TQ. DIST. KOPPAL,
                                             CORRECT NAME:
                                             SMT. ERAMMA
                                             W/O. SHEKAPPA BRUNGI.

                                        2.   SRI. MALLIKARJUN S/O. IRAPPA MALIKARU
                                             AGE. 43 YEARS, OCC. AGRICULTURE,
                                             R/O. MADINURU,
                                             CORRECT NAME AND ADDRESS:
                                             SRI. MALLIKARJUN S/O. IRAPPA BRUNGI,
                                             WARD NO.1, BLOCK NO.1, MADINURU -583230,
                                             TQ. DIST. KOPPAL.

                                        3.   SRI. NAGARAJ BRUNGI
                                             S/O. HANUMAPPA MALIKARU,
                Digitally signed by B
                                             AGE. 33 YEARS, OCC. AGRICULTURE,
                K
                MAHENDRAKUMAR
                Location: HIGH
                                             R/O. MADINURU,
BK
MAHENDRAKUMAR   COURT OF
                KARNATAKA
                DHARWAD BENCH
                                             CORRECT NAME AND ADDRESS:
                Date: 2025.02.20
                16:40:16 +0530               SRI. NAGARAJ BRUNGI,
                                             S/O. HANUMANTHAPPA BRUNGI,
                                             R/O. 1/93, 2ND WARD, BRUNGI COLONY,
                                             MADINURU-583230, TQ. DIST. KOPPAL.

                                        4.   SRI. SHARANAPPA S/O. ERAPPA MALIKARU
                                             AGE. 49 YEARS, OCC. AGRICULTURE,
                                             R/O. MADINURU,
                                             CORRECT NAME AND ADDRESS:
                                             SRI. SHARANAPPA S/O. ERAPPA BRUNGI,
                                             BRUNGI STREET, MADINUR-583230,
                                             TQ. DIST. KOPPAL.
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                                  CRL.P No. 101764 of 2024




5.   SRI. BALLAPPA
     S/O. SHEKARAPPA MALIKARU
     AGE. 71 YEARS, OCC. AGRICULTURE,
     R/O. MADINURU,
     CORRECT NAME AND ADDRESS,
     SRI. BALAPPA S/O. BASAPPA BHRUNGI,
     2ND WARD, MADINUR VILLAGE-583230,
     TQ. DIST. KOPPAL.

6.   SMT. GIRIJAMMA
     W/O. SHEKRAPPA MALIKARU
     AGE. 61 YEARS, OCC. HOUSE WIFE,
     R/O. MADINURU,
     CORRECT NAME AND ADDRESS:
     SMT. GIRIJAMMA W/O. SHEKRAPPA BRUNGI,
     PADMAVATHI COLONY, BHAGYANAGAR,
     3RD WARD, KOPPAL RURAL-583231,
     TQ. DIST. KOPPAL.

7.   SRI. SOMAPPA
     S/O. BASAPPA MALIKARU
     AGE. 60 YEARS, OCC. AGRICULTURE,
     R/O. MADINURU,
     CORRECT NAME AND ADDRESS:
     SRI. SOMAPPA S/O. BASAPPA BRUNGI,
     2ND WARD, MADINUR VILLAGE-583231,
     TQ. DIST. KOPPAL.

8.   SRI. SURESH S/O. MALLAPPA MALIKARU
     AGE. 46 YEARS, OCC. AGRICULTURE,
     R/O. MADINURU,
     CORRECT NAME AND ADDRESS:
     SRI. SURESH S/O. MALLAPPA MALIKARU,
     2ND WARD, MADINUR VILLAGE-583231,
     TQ. DIST. KOPPAL.

9.   SRI. BASAVARAJ
     S/O. MALLAPPA MALIKARU
     AGE. 46 YEARS, OCC. AGRICULTURE,
     R/O. MADINURU,
     CORRECT NAME AND ADDRESS:
     SRI. BASAVARAJA
     S/O. MALLAPPA MALIKARU,
     2ND WARD, MADINUR VILLAGE-583231,
     TQ. DIST. KOPPAL.
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10. SMT. BASAMMA
    W/O. MALLAPPA MALIKARU
    AGE. 65 YEARS, OCC. HOUSE WIFE,
    R/O. MADNINURU,
    CORRECT NAME AND ADDRESS:
    SMT. BASAVVA
    W/O. KALAKAPPA MAINALLI,
    R/O. 41, KOMALAPUR, LAKMAPUR-583238,
    TQ. DIST. KOPPAL.

11. SMT. GANGAMMA
    S/O. MALLAPPA MALIKARU
    AGE. 60 YEARS, OCC. HOUSE WIFE,
    R/O. MADINUR VILLAGE,
    CORRECT NAME AND ADDRESS:
    SMT. GANGAVVA
    W/O. GAVISIDDAPPA MAINALLI
    R/O. KOMLAPUR-583238,
    TQ. DIST. KOPPAL.

12. SMT. DRAKSHYANAMMA
    W/O. SHARANAPPA MALLIKARU,
    AGE. 50 YEARS, OCC. HOUSEWIFE,
    MADINUR VILLAGE, TQ. DIST. KOPPAL,
    CORRECT NAME AND ADDRESS:
    SMT. KASTUREMMA
    W/O. SHARANAPPA BALIGAR,
    R/O. 1ST WARD, # 27,
    HIREMANNAPUR VILLAGE-583277,
    TQ AND DIST. KOPPAL.

13. SRI. SHANKARAPPA
    S/O. SHANMUKAPPA MALIKARU,
    AGE. 40 YEARS, OCC. AGRICULTURE,
    MADINUR VILLAGE, TQ AND DIST. KOPPAL,
    CORRECT NAME AND ADDRESS:
    SRI. SHANKARAPPA S/O. SHANMUKHAPPA
    R/O. NEAR ITINA GIRANI-583230,
    MADINUR, TQ. DIST. KOPPAL.

14. SRI. RUDRAPPA
    S/O. SOMAPPA MALIKARU
    AGE. 45 YEARS, OCC. AGRICULTURE,
    R/O. MADINUR VILLAGE-583238,
    TQ. DIST. KOPPAL.
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15. SRI. VIRUPAKSHAPPA
    S/O. SOMAPPA MALIKARU
    AGE. 35 YEARS, OCC. AGRICULTURE,
    R/O. MADINUR VILLAGE, TQ. DIST. KOPPAL,
    CORRECT ADDRESS AND NAME:
    SRI. VIRUPAKSHAPPA BRUNGI,
    S/O. SOMAPPA BURNGI,
    AGE. 45 YEARS, OCC. AGRICULTURE,
    R/O. 2ND WARD NEAR GOL BANGLA,
    HULIGI-583238, MUNIRABAD,
    TQ. DIST. KOPPAL.
                                               ...PETITIONERS
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY MINES AND GEOLOGY,
     DEPARTMENT KOPPAL,
     REP BY STATE PUBLIC PROSECUTOR,
     HIGH COURT BUILDING,
     DHARWAD-580001.

2.   SRI. MAHESH D.S.
     GEOLOGIST IN MINES AND GEOLOGY
     DEPARTMENT, KOPPAL-583231.
                                        ...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

      THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE ORDER DATED 30.12.2023 PASSED BY
THE CIVIL JUDGE AND JMFC, KOPPAL IN CC NO.53/2024 THEREBY
TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 4(1),
(1-A) MMDR ACT AND VIOLATION OF SECTION 21(1) AND 21(2) OF
MMDR ACT AND VIOLATION OF RULE 44(1) OF MMRD RULES, AS
AGAINST THE PETITIONER/ACCUSED NO.2, 4, 5, 7 TO 12, 16, 17, 21
TO 24 ALLOW THE ABOVE CRIMINAL PETITION.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
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                                              CRL.P No. 101764 of 2024




                                ORAL ORDER

The petitioner/accused seeks relief before this Court regarding prosecution for offences punishable under Section 4(1), 4(1-A) of the MMDR Act, and violations of Section 21(1), 22(2) of the MMDR Act, and Rule 44(1) of the MMDR Rules.

2. The respondent filed a private complaint under Section 200 of the Cr.P.C., alleging that the petitioner illegally lifted sand without a valid license, failed to pay royalties to the government, and transported the sand.

3. Heard learned counsel for the parties.

4. The issue of whether cognizance of the aforesaid offences can be taken by the learned Magistrate was examined by a Co-ordinate Bench of this Court in Crl.P.No.100525/2017. In paras 3 and 4 of the judgment, it was observed as follows:

"3. The provision under Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957, ('the MMDR Act', for short) confers special status on the Special Courts and the Governments have to establish Special Courts for the purpose of trying the offences under the MMRD Act. There is no doubt so far as the above aspect is concerned. Section 30B of the MMDR Act reads as under:-

"30B.Constitution of Special Courts.- (1) The State Government may, for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section(1A) of section 4, constitute, by notification,

as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.

(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with the cocurrence of the High Court.

(3) A person shall not be qualified for appointment as a judge

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of a Special Court unless he is or has been a District and Sessions Judge.

(4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court within a period of sixty days from the date of such order."

4. In view of the above said provision, in order to deal with the matters under the above said enactment, the Government has issued notification constituting Special Courts for the purpose of dealing with the offences under the MMRD Act. As per Section 30B of the MMDR Act, the Principal District and Sessions Judge of every district have been designated as the Special Judge. In view of Section 30B of the MMDR Act and the notification issued, as noted above, it is crystal clear that the Judicial Magistrates of First Class, have no right to entertain any complaint where the allegations fall under the MMDR Act or the Rules thereunder and with allied offences. The factual matrix of this case shows the Geologist- respondent No.3 ha filed a private complaint before the learned Civil Judge (Sr. Dn.) & Ranebennur, against the petitioner for the offences punishable u/S 4(1), 4(1- A) and 21 of MMRD Act, 1957 Rules 3(1), 36, 42, 44(1) of KMMCR Rules, 1994 and under Rules 3-B and 3-C of Karnataka Regulation of Stone Crushers Rules, 2012 read with Section 16(1) of Karnataka Regulation of Stone Crushers Act, 2011. The learned Civil Judge (Sr. Dn.) & JMFC, Ranebennur, after receiving the complaint ha taken cognizance and issued summons to the accused vide orders dated 02.11.2016 by regitering a Criminal Case in C.C. No. 692/2016. The said registration of the case in C.C. No. 692/2016. The said registration of the cae taking of cognizance and issuing of process is without jurisdiction by the Magistrate. In this background, as rightly submitted by the learned counsel for the petitioner, the learned JMFC could not have entertained the complaint, taken cognizance and issued summons to the petitioners herein. Therefore, the said order requires to be quashed. The complaint averments discloses the specific allegations of petitioners having committed offences under Sections 4(1), 4(1A) of the MMDR Act, under Section 3(1), 36, 42 of the Karnataka Minor Mineral Concession Rules, 1994, under Section 3(1), 6-A(2) of the Karnataka Regulation of Stone Crushers Act, 2011, and under Section 3B and 3C of the Karnataka Regulation of Stone Crushers Rules, 2012."

5. In the present case, cognizance of the aforesaid offences has been taken by the jurisdictional Magistrate and not by the Special Court established under the MMDR Act. Under these circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law.

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ORDER

i. Accordingly, Criminal Petition is allowed.

ii. The impugned proceeding in C.C.No.53/2024 on the file of Civil Judge and JMFC, Koppal, insofar it relates to accused Nos.2, 4, 5, 7 to 12, 16, 17, 21 to 24 is hereby quashed. Liberty is reserved with the respondents to initiate proceedings before the appropriate Court if permissible in law.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE

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