Karnataka High Court
Mohammed Javid Khan S/O Bandi Mohammed ... vs The State Of Karnataka on 18 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3254
CRL.P No. 102212 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.102212 OF 2024 (482(Cr.PC)/528(BNSS))
BETWEEN:
1. MOHAMMED JAVID KHAN
S/O. BANDI MOHAMMED NAYEEM,
AGE. 22 YEARS, OCC. PRIVATE,
R/O.# 2-39, TANDUR ROAD, KANDLAPALLI,
PUDUR MANDALAM, RANGAREDDY,
ANDRAPRADESH.
2. EJJATH KHAN S/O. SHABBIR KHAN
AGE. 23 YEARS, OCC. PRIVATE,
R/O. # 41, NEAR MADINAKIRANA STORE,
ASADBA NAGAR, KISHANBHAG,
BAHADDURPURA, HYDERABAD,
ANDRAPRADESH.
...PETITIONERS
(BY SRI. DAYANAND M. BANDI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed by B
THROUGH HOSAPETE RURAL PS.,
K
MAHENDRAKUMAR
Location: HIGH
REPRESENTED BY HIGH COURT
BK
MAHENDRAKUMAR COURT OF
KARNATAKA
DHARWAD BENCH
GOVERNMENT PLEADER-580011.
Date: 2025.02.20
16:40:17 +0530 ...RESPONDENT
(BY SRI. T. HANUMAREDDY, AGA)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS
PETITIONER/ACCUSED NO.5 IN CC NO.757/2015 PENDING ON THE
FILE OF PRL.CIVIL JUDGE / II ADDL.CIVIL JUDGE AND JMFC,
HOSAPETE AND ALSO TO QUASH THE CHARGE SHEET DATED
12.03.2015 SUBMITTED FOR THE OFFENCES PUNISHABLE U/S 4(1)
4(1A), 21 OF MINES AND MINERALS REGULATION OF
DEVELOPMENT ACT (MMDR) AND SECTION 149 AND 379 OF IPC,
ARISING OUT OF CRIME NO.125/2014 OF HOSAPETE RURAL
POLICE STATION.
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NC: 2025:KHC-D:3254
CRL.P No. 102212 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners are before this Court challenging the
proceedings in C.C. No.757/2015 registered for the offences
punishable under Sections 379, 149 of the Indian Penal Code,
1860 and under Sections 4(1), 4(1A), 21 of the Mines and Minerals
(Development And Regulation) Act, 1957.
2. The other accused challenging the very same criminal
proceedings impugned herein had approached this Court in W.P.
No.105822/2023 C/w W.P. No.105908/2023, and a Co-ordinate
Bench of this Court, vide order dated 10.10.2023 quashed the
proceedings by observing as follows:
"2. Learned counsel for the petitioners submits that
the issue in lis stands covered by the judgment rendered by
this Court in the case of Yallappa S/o Ramappa Metri &
another Vs. the State of Karnataka in W.P.
No.101571/2022, disposed of on 19.04.2022, wherein the
identical issues have been raised and have been answered
in favour of the petitioners therein. This Court has held as
follows:
"Learned High Court Government Pleader
accepts notice for respondent.
NC: 2025:KHC-D:3254
2. The FIR is registered against the
petitioners for the offence punishable under
Section 379 of IPC and under Section 4(1),
4(1A), 21 of Mines and Minerals (Development
and Regulation) Act, 1957 alleging that the
petitioners/accused were transporting the sand
illegally without valid permit. Taking exception
to the registration of the FIR, this petition is
filed.
3. Learned counsel for the petitioners
submit that Section 22 of the Act empowers
the learned Magistrate to take cognizance for
the offence punishable under the said Act only
on a complaint in writing by the authorized
officer and as such the registration of the FIR
against the petitioners is one without authority
of law.
4. On the other hand learned High
Court Government Pleader appearing for the
respondent would submit that the petitioners
having transported the sand illegal without
permit have committed the aforesaid offence
and as such the police have rightly registered
the FIR against the petitioners.
5. I have considered the submission
made by the learned counsel for the parties.
6. Section 22 of the Act specifies that the
learned Magistrate can take cognizance for
the offence punishable under the Act only
on a complaint in writing by the
authorized officer. Hence it is implied that
the police have no authority to register
the FIR and it is only on the complaint in
writing by the authorized officer, the
learned Magistrate can take cognizance
and not on a report to be submitted by the
police under Section 173 of the Cr.P.C.
Hence registration of the FIR by the police
NC: 2025:KHC-D:3254
is hit by the Section 22 of the Act.
Accordingly, I pass the following:
ORDER
i) This petition is allowed.
ii) The impugned first information report in
Crime No.105/2021 registered by the
Hospet Rural Police Station is hereby
quashed.
iii) The petitioners are at liberty to move the
appropriate authority or the learned
Magistrate seeking for release of vehicle
which is alleged to have been seized by
the police in the aforesaid crime.
Respondent is at liberty to take
appropriate action against the petitioner in
accordance with law.
iv) In view of disposal of the matter, pending
interlocutory applications, if any, do not
survive for consideration and are
dismissed accordingly.
3. Learned High Court Government Pleader would
not dispute the position of law as is observed in the aforesaid
case referred supra."
4. In the instant case, cognizance for the aforesaid
offences has been taken on the basis of the final report submitted
by the Police and not on the complaint in writing filed by the Officer
as enumerated in Section 22 of the MMDR Act. Therefore,
cognizance taken for the aforesaid offences on the final report
submitted by the police lacks authority. Under these
circumstances, continuation of criminal proceedings against the
NC: 2025:KHC-D:3254
petitioners/accused would be an abuse of process of law. Hence,
the following:
ORDER
i) Accordingly, the writ petition is allowed.
ii) The criminal proceedings in C.C. No.757/2015
pending on the file of the II Additional Civil Judge
and JMFC, Hosapete, insofar as it relates to
petitioners/accused Nos.5 and 6, is hereby quashed.
Pending I.As., if any, do not survive for consideration and are
disposed of accordingly.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
KMS
Ct:vh
