[Cites 11, Cited by 0]
Karnataka High Court
Sri Bhagavathi Greet Udyog vs The State Of Karnataka on 3 February, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9294 OF 2023
C/W
CRIMINAL PETITION NO. 1208 OF 2022
CRIMINAL PETITION NO. 1414 OF 2022
CRIMINAL PETITION NO. 3562 OF 2022
CRIMINAL PETITION NO. 3588 OF 2022
CRIMINAL PETITION NO. 9434 OF 2023
IN CRL.P No. 9294/2023
BETWEEN:
1. THIMMANNA
S/O THIMMANNA T.,
Digitally AGED 60 YEARS,
signed by
SANJEEVINI J R/O KAPILAHATTI VILLAGE
KARISHETTY
HIRIYUR TALUK - 577 598
Location:
High Court of CHITRADURGA DISTRICT.
Karnataka
2. ERAMMA
D/O PUTTEERAPPA
AGED 65 YEARS
R/O GOLLAHALLI VILLAGE,
HIRIYUR TALUK - 577 598
CHITRADURGA DISTRICT.
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
3. OBALESH
S/O RAMACHANDRAPPA,
AGED 33 YEARS,
R/O GOLLAHALLI VILLAGE,
HIRIYUR TALUK - 577 598
CHITRADURGA DISTRICT.
4. AVIJITH BYANARJI
S/O AJOY KUMAR BANARJI,
AGED 50 YEARS,
CHIEF PROJECT MANAGER,
P AND C INFRATECH COMPANY LTD.,
GOLLAHALLI VILLAGE,
HIRIYUR TALUK - 577 598
CHITRADURGA DISTRICT.
5. YALLAMANCHANAHALLI PRAVEEN
S/O YELLAMANCHANAHALLI JAGANNATHA RAO,
AGED 41 YEARS,
PROJECT MANAGER,
P AND C INFRATECH COMPANY LTD.,
GOLLAHALLI VILLAGE,
HIRIYUR TALUK - 577 598
CHITRADURGA DISTRICT.
6. ABDUL KHADAR JEELAN @ JEELAN
S/O LATE MOHAMMED IBRAHIM,
LIASONING IN P AND C INFRATECH COMPANY LTD.,
GOLLAHALLI VILLAGE,
HIRIYUR TALUK - 577 598
CHITRADURGA DISTRICT.
7. THIMMESHA K.R.,
S/O NIYAGI RAMAPPA,
AGED 51 YEARS,
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
R/O NO 1183/D-4,
WATER TANK ROAD,
NEAR GANGAPARAMESHWARI TEMPLE,
BEGUR, BENGALURU CITY.
...PETITIONERS
(BY SRI. SHIVA KUMAR K.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY IMANGALA POLICE STATION,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT,
REPRESENTED BY ITS SPP
HIGH COURT BUILDING
BENGALURU - 01.
2. MANJUNATH A.,
SUB-INSPECTOR OF POLICE
BY IMANGALA POLICE STATION
HIRIYUR TALUK - 577 598
CHITRADURGA DISTRICT.
3. ULFATH ZAIBAJ
ASSISTANT DIRECTOR OF AGRICULTURE
AGRICULTURE DEPARTMENT
HIRIYUR TOWN - 577 598
CHITRADURGA DISTRICT KARNATAKA.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO i)
QUASH THE PROCEEDINGS PENDING BEFORE THE PRINCIPAL
CIVIL JUDGE AND J.M.F.C., HIRIYUR, CHITRADURGA, IN
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
C.C.NO.92/2023 DATED 24.02.2023 PRODUCED AT ANNEXURE-
A, FOR THE OFFENCES P/U/S 379 AND 420 OF IPC AND ETC.,
IN CRL.P NO. 1208/2022
BETWEEN:
1. SRI T.SIDDESHWARA
S/O SRI THIPPANNA
AGED ABOUT 56 YEARS,
R/AT NO.27/1, 1ST MAIN
MUNIHANUMAIAH LAYOUT
LOTTE GOLLAHALLI
BENGALURU NORTH TALUK
BENGALURU - 560 094.
2. SRI T.ASHOK
S/O SRI THIPPANNA
AGED ABOUT 54 YEARS,
R/AT BARAMAGIRI
VANIVILASAPURA, HIRIYUR TALUK
CHITRADURGA - 577 599.
...PETITIONERS
(BY SRI GANAPATHY BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
MINES AND GEOLOGY DEPARTMENT
REPRESENTED BY ITS SENIOR GEOLOGIST
CHITRADURGA - 577 501.
...RESPONDENT
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
QUASH THE PROCEEDINGS IN C.C.NO.2548/2021,
REGISTERED ON THE BASIS OF PRIVATE COMPLAINT FILED
BY THE RESPONDENT AUTHORITY OFFENCE ALLEGED
UNDER SEC.21(4) AND 22 OF MMDR ACT AND RULE 43,
43(a) AND 44 OF KMMC RULES, AMENDED AND
SUBSEQUENT DATES ON THE FILE OF PENDING BEFORE
THE SENIOR CIVIL JUDGE AND J.M.F.C AT HIRIYUR,
CHITRADURGA DISTRICT AND ETC.
IN CRL.P NO. 1414/2022
BETWEEN:
1. SRI BHAGAVATHI GREET UDYOG
REPRESENTED BY ITS PROPRIETOR
SRI NARAYAN CHITTARMAL AGARWAL
S/O SRI CHITTARMAL AGARWAL
AGED ABOUT 56 YEARS
R/AT KHOLESHWARA ROAD
KHOLESHWAR, KHOLESHWAR MANDIR JAWAL
AKOLA
MAHARASTRA - 444 001.
2. SRI AVIJIT BANERJEE
S/O SRI AJAY KUMAR BENERJEE
AGED ABOUT 54 YEARS
R/AT FLAT NO.2302
KANAKAPURA MAIN ROAD
NEAR KSIT COLLEGE
RAGHUVANAHALLI
BENGALURU SOUTH TALUK - 560 062
REPRESENTED BY ITS
GENERAL MANAGER
PNC INFRATECH LIMITED
SY.NOS.52/2 TO 52/16
GOLAHALLI VILLAGE
YARABALLI POST
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CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
HIRIYUR TALUK
CHITRADURAGA DISTRICT - 577 545.
3. PNC INFRATECH LIMITED COMPANY
SY.NOS. 52/2 TO 52/16
GOLAHALLI VILALGE
YARABALLI POST, HIRIYUR TALUK
CHITRADURGA DISTRICT - 577 545
REPRESENTED BY ITS PROJECT MANAGER
SRI YELAMANCHILI PRAVEEN
S/O SRI YALAMANCHILI JAGANNADHA RAO
AGED ABOUT 41 YEARS
R/AT HNO.12-89, SRI SAI NAGAR
PENDURTHI MANDALAM
CHINAMUSHIDIVADA
SUJATHA NAGAR, VISHAKHAPATNAM
ANDHRA PRADESH - 530 051.
...PETITIONERS
(BY SRI. GANAPATHY BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
MINES AND GEOLOGY DEPARTMENT
REPRESENTED BY
ITS SENIOR GEOLOGIST
CHITRADURGA - 577 501.
...RESPONDENT
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE PROCEEDINGS IN C.C.NO.2548/2021,
REGISTERED ON THE BASIS OF PRIVATE COMPLAINT FILED
BY THE RESPONDENT AUTHORITY OFFENCE ALLEGED
UNDER SEC.21(4) AND 22 OF MMDR ACT AND RULE 43,
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
43(a) AND 44 OF KMMC RULES, 1994, AMENDED 2016 AND
SUBSEQUENT DATES ON THE FILE PENDING BEFORE THE
SENIOR CIVIL JUDGE AND J.M.F.C AT HIRIYUR,
CHITRADURGA DISTRICT AND ETC.
IN CRL.P NO. 3562/2022
BETWEEN:
1. SRI THIMMANNA
S/O THIMMANNA,
AGED ABOUT 63 YEARS,
R/O HARTHIKOTE VILLAGE,
HIRIYUR TALUK, CHITRADURGA DISTRICT
KARNATAKA - 577 545.
2. SRI A.BANERJEE
AUTHORIZED REPRESENTAIVE OF
M/S PNC INFRASTRUCTURE LTD.,
AGED ABOUT 54 YEARS,
HAVING OFFICE AT SY.NO.52/2 TO 52/16,
GOLLAHALLI VILLAGE, YARABHALLI POST,
HIRIYUR TALUK, CHITRADURGA DISTRICT,
KARNATAKA - 577 545.
3. M/S PNC INFRASTRUCTURE LTD.,
HAVING OFFICE AT SY.NO.52/2 TO 52/16,
GOLLAHALLI VILLAGE, YARABHALLI POST,
HIRIYUR TALUK, CHITRADURGA DISTRICT,
KARNATAKA - 577 545,
REPRESENTED BY
SRI Y.PRAVEEN (PRAVEEN)
AUTHORISED SIGNATORY.
...PETITIONERS
(BY SRI. SHIVA KUMAR K.B., ADVOCATE)
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
AND:
1. STATE OF KARNATAKA
THROUGH
DEPARTMENT OF MINES AND GEOLOGY,
CHITRADURGA,
REPRESETNED BY
STATE PUBLIC PROSECUTOR
HON'BLE HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
1.QUASH THE COMPLAINT BEARING C.C.NO.2873/2021
PREFERRED BY RESPONDENT HEREIN BEFORE THE
HON'BLE ADDL.CIVIL JUDGE AND J.M.F.C HIRIYUR,
CHITRADURGA WHEREIN THE PETITIONERS HEREIN ARE
ARRAIGNED AS ACCUSED NO.1 TO 3 FOR THE ALLEGED
OFFENCE UNDER SEC.24(A) AND 22 OF THE MINES AND
MINERALS (DEVELOPMENT AND REGULATION ) ACT, 1957
AND RULE 43, 43-A AND 44 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES, 1994 AND ETC.,
IN CRL.P NO. 3588/2022
BETWEEN:
1. SMT.EERAMMA
W/O OBANNA
AGED ABOUT 70 YEARS,
R/O GOLLAHALLI VILLAGE,
YARABHALLI POST,
HIRIYUR TALUK,
CHITRADURGA DISTRICT,
KARNATAKA - 577 545.
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
2. SRI OBALESH R.,
S/O RAMACHANDRAPPA
AGED ABOUT 36 YEARS,
R/O GOLLAHALLI VILLAGE, YARABHALLI POST,
HIRIYUR TALUK, CHITRADURGA DISTRICT,
KARNATAKA - 577 545.
3. SRI A.BANERJEE
AUTHORIZED REPRESENTATIVE OF
M/S.PNC INFRASTRUCTURE LTD.,
AGED ABOUT 54 YEARS,
HAVING OFFICE AT: SY.NO.52/2 TO 52/16
GOLLAHALLI VILLAGE,
YARABHALLI POST, HIRIYUR TALUK,
CHITRADURGA DISTRICT,
KARNATAKA - 577 545.
4. M/S. PNC INFRASTRUCTURE LTD.,
HAVING OFFICE AT SY.NO.52/2 TO 52/16,
GOLLAHALLI VILLAGE, YARABHALLI POST,
HIRIYUR TALUK, CHITRADURGA DISTRICT,
KARNATAKA - 577 545
REPRESENTED BY
SRI PRAVEEN PROJECT MANAGER.
...PETITIONERS
(BY SRI SHIVA KUMAR K.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH
DEPARTMENT OF MINES AND GEOLOGY,
CHITRADURGA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
HON'BLE HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
i. QUASH THE COMPLAINT BEARING C.C.NO.2872/2021
PREFERRED BY RESPONDENT HEREIN BEFORE THE
HONOURABLE ADDITIONAL CIVIL JUDGE AND J.M.F.C.,
HIRIYUR, CHITRADURGA WHEREIN THE PETITIONERS
HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 4 FOR THE
ALLEGED OFFENCE P/U/S 21(4) OF THE MINES AND
MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957
AND RULE 43, 43(a) AND 44 OF THE KARNATAKA MINOR
MINERAL CONCESSIONS RULES AND ETC.,
IN CRL.P NO. 9434/2023
BETWEEN:
1. SIDDESHWARA T.,
S/O THIPPANNA,
AGED ABOUT 56 YEARS,
R/O HALAGALAKUNTE VILLAGE,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
2. ASHOK T.,
S/O TIPPANNA,
AGED ABOUT 53 YEARS,
R/O HALAGALAKUNTE VILLAGE,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
3. AVIJITH BANERJEE
AGED ABOUT 50 YEARS,
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CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
FATHER'S NAME NOT KNOWN,
C/O P.N.C. INFRATECH LTD. CO.,
GOLLAHALLI VILLAGE,
IMANGALA HOBLI,
HIRIYUR TALUK-577598,
CHITRADURGA DISTRICT.
4. YALLAMANCHANAHALLI PROVEOW
AGED ABOUT 39 YEARS,
FATHER'S NAME NOT KNOWN,
C/O P.N.C INFRATECH LTD., CO.,
GOLLAHALLI VILLAGE,
IMANGALA HOBLI,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
5. ZILANI B.,
AGED ABOUT 26 YEARS,
FATHER'S NAME NOT KNOWN,
C/O P.N.C. INFRATECH LTD. CO.,
GOLLAHALLI VILLAGE,
IMANGALA HOBLI,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
6. NOROYOW .C AGARWAL
AGED ABOUT 58 YEARS,
FATHER'S NAME NOT KNOWN,
C/O P.N.C. INFRATECH LTD. CO.,
GOLLAHALLI VILLAGE,
IMANGALA HOBLI,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
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CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
7. A.N.C PRIVATE CO. LTD.,
MEMBERS,
GOLLAHALLI VILLAGE,
IMANGALA HOBLI,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
...PETITIONERS
(BY SRI SHIVA KUMAR K.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY RURAL POLICE STATION,
HIRIYUR TALUK - 577 598,
CHITRADURGA DISTRICT.
BY SPP
HIGH COURT BUILDING
BENGALURU - 01
2. SRI PARAMESHA D.G.,
SUB-INSPECTOR OF POLICE,
RURAL POLICE STATION,
HIRIYUR - 577 598,
CHITRADURGA DISTRICT.
3. ULFATH ZAIBAJ
ASSISTANT DIRECTOR OF AGRICULTURE,
AGRICULTURE DEPARTMENT,
HIRIYUR TOWN - 577 598,
CHITRADURGA DISTRICT,
KARNATAKA.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
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NC: 2026:KHC:6303
CRL.P No. 9294 of 2023
C/W CRL.P No. 1208 of 2022
CRL.P No. 1414 of 2022
HC-KAR AND 3 OTHERS
A. QUASH THE CHARGE SHEET AND PROCEEDINGS
PENDING BEFORE THE HON'BLE SENIOR CIVIL JUDGE AND
JMFC HIRIYUR IN C.C.NO.53/2023 DATED 13.02.2023
PRODUCED AT ANNEXURE-S, FOR THE OFFENCES
P/U/S.379 AND 420 OF IPC 1860 AND ETC.,
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
In Crl.P.No.9294/2023, the petitioners are before this
Court seeking the following prayers:
"Wherefore, for the grounds urged above, it is prayed
that this Hon'ble Court may kindly be pleased to:
(i) Call for LCR
(ii) Quash the proceedings pending before the Hon'ble
Principal Civil Judge & JMFC Hiriyur, Chitradurga, in C.C.
No.92/2023 dated 24-02-2023 produced at Annexure-A,
for the offences punishable under Section 379 and 420 of
Indian Penal Code, 1860, in the interest of equity and
justice.
(iii) Quash the Charge Sheet in Crime No. 36/2021, C.C.
No. 92/2023 dated 24-03-2021 produced at Annexure-D,
filed under the provisions of Section 379, 420, Section 4,
4A, 21 (1) of MMDR Act, 1957 and under Rule 44 of
KMMCR 1994, pending before the Additional Civil Judge
(Jr.Dn.) & JMFC Court, Hiriyur, Chitradurga, in the
interest of equity and justice.
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HC-KAR AND 3 OTHERS
(iv) Quash the First Information Report registered in
Crime No. 0036/2021 dated 24-03-2021 produced at
Annexure-C, pending before Additional Civil Judge
(Jr.Dn.) & JMFC Court, Hiriyur, Chitradurga, in the
interest of equity and justice and;
(v) Quash the complaint filed by the 3rd Respondent
produced at Annexure-B in No. SaKraNi/Hiri/Tham-
1/Jameenu Samathattu/Anumatiraddu/711/2020-21/770
Dated 24-03-2021, in the interest of equity and justice.
Pass such other order or issue such other direction as
deemed fit and proper and such other relief, in the
interest of equity and justice."
2. In Crl.P.No.1208/2022, the petitioners are before
this Court seeking the following prayers:
"Quash the Proceedings in C.C.No.2548/2021, registered
on the basis of private complaint filed by the respondent
authority offence alleged under Section 21 (4) and 22 of
MMDR Act, and
Rule 43, 43 (a) and 44 of KMMC Rules, 1994, amended
2016 and subsequent dates on the file of pending before
the Senior Civil Judge and JMFC at Hiriyur, Chitradurga
District, in the interest of justice and equity.
Call for the entire records in C.C. No.2548/2021, on the
file of pending before the Senior Civil Judge and JMFC at
Hiriyur, Chitradurga District, in the interest of justice and
equity.
Grant such other further relief's as this Hon'ble Court
may be deems fit to grant in the facts and circumstances
of the case, in the interest of justice and equity."
3. In Crl.P.No.1414/2022, the petitioners are before
this Court seeking the following prayers:
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HC-KAR AND 3 OTHERS
"Quash the Proceedings in C.C.No.2548/2021, registered
on the basis of private complaint filed by the respondent
authority offence alleged under Section 21 (4) and 22 of
MMDR Act, and Rule 43, 43 (a) and 44 of KMMC Rules,
1994, amended 2016 and subsequent dates on the file of
pending before the Senior Civil Judge and JMFC at
Hiriyur, Chitradurga District, in the interest of justice and
equity.
Call for the entire records in C.C. No.2548/2021, on the
file of pending before the Senior Civil Judge and JMFC at
Hiriyur, Chitradurga District, in the interest of justice and
equity.
Grant such other further relief's as this Hon'ble Court
may be deems fit to grant in the facts and circumstances
of the case, in the interest of justice and equity."
4. In Crl.P.No.3562/2022, the petitioners are before
this Court seeking the following prayers:
"WHEREFORE it is prayed that this Hon'ble Court may be
pleased to:
i. Quash the complaint bearing CC No. 2873/2021
preferred by Respondent herein before the Hon'ble Addl.
Civil Judge and JMFC, Hiriyuru, Chitradurga wherein the
Petitioners herein are arraigned as Accused No. 1 to 3 for
the alleged offence under Section 24(A) and 22 of the
Mines and Minerals (Development and Regulation) Act,
1957 and Rule 43, 43-A and 44 of the Karnataka Minor
Mineral Concessions Rules, 1994.
ii. Quash the entire proceedings in matter bearing No.
2873/2021 pending on the file of Hon'ble Addl. Civil
Judge and JMFC, Hiriyuru, Chitradurga wherein the
Petitioners herein as arraigned as Accused No. 1 for the
alleged offence under Section 24(A) and 22 of the Mines
and Minerals (Development and Regulation) Act, 1957
and Rule 43, 43-A and 44 of the Karnataka Minor Mineral
Concessions Rules, 1994.
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HC-KAR AND 3 OTHERS
iii. Grant such other relief that this Hon'ble Court may
deem fit in the facts and circumstances of the present
case."
5. In Crl.P.No.3588/2022, the petitioners are before
this Court seeking the following prayers:
"WHEREFORE it is prayed that this Hon'ble Court may be
pleased to:
i. Quash the complaint bearing CC No. 2872/2021
preferred by Respondent herein before the Hon'ble Addl.
Civil Judge and JMFC, Hiriyuru, Chitradurga wherein the
Petitioners herein are arraigned as Accused No. 1 to 4 for
the alleged offence under Section 21(4) of the Mines and
Minerals (Development and Regulation) Act, 1957 and
Rule 43, 43(a) and 44 of the Karnataka Minor Mineral
Concessions Rules, 1994.
ii. Quash the entire proceedings in matter bearing No.
2872/2021 pending on the file of Hon'ble Addl. Civil
Judge and JMFC, Hiriyuru, Chitradurga wherein the
Petitioners herein as arraigned as Accused No. 1 for the
alleged offence under Section 21(4) of the Mines and
Minerals (Development and Regulation) Act, 1957 and
Rule 43, 43(a) and 44 of the Karnataka Minor Mineral
Concessions Rules, 1994.
iii. Grant such other relief that this Hon'ble Court may
deem fit in the facts and circumstances of the present
case."
6. In Crl.P.No.9434/2023, the petitioners are before
this Court seeking the following prayers:
"Wherefore, for the grounds urged above, it is prayed
that this Hon'ble Court may kindly be pleased to:
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HC-KAR AND 3 OTHERS
(i) Call for LCR
(ii) Quash the Charge Sheet & proceedings pending
before the Hon'ble Senior Civil Judge & JMFC Hiriyur, in
C.C. No.53/2023 dated 13-02-2023 produced at
Annexure-S, for the offences punishable under Section
379 and 420 of Indian Penal Code, 1860, in the interest
of equity and justice.
(iii) Quash the First Information Report registered in
Crime No.0077/2021 dated 24-03-2021 produced at
Annexure-M, in the interest of equity and justice and;
(iv) Quash the complaint filed by the 3rd Respondent
produced at Annexure-L in No. SakkaNi/Hiri/Tham-
1/Jameenu Samathattu/Anumatiraddy/711/2020-21/771
Dated 24-03-2021, in the interest of equity and justice.
(v) Pass such other order or issue such other direction as
deemed fit and proper and such other relief, in the
interest of equity and justice."
7. In Crl.P.Nos.1208/2022, 1414/2022, heard
Sri.Ganapathy Bhat, learned counsel appearing for the
petitioners, in Crl.P.Nos.9294/2023, 3562/2022, 3588/2022,
9434/2023, heard Sri.Shivakumar K.B., learned counsel
appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl.
SPP appearing for the respondent-State and have perused the
material on record.
8. Learned counsel appearing for the petitioners would
submit that if the respondents did not provide any opportunity
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HC-KAR AND 3 OTHERS
for compounding the offences, if opportunity had been
provided, the offences would be compounded as they are all
compoundable offences under the Mines and Minerals
(Development and Regulation) Act and Karnataka Minor Mineral
Concession Rules.
9. Learned Addl. SPP appearing for the respondent-
State submits that if an opportunity would be granted to them,
they compound the offences, failing which the proceedings be
permitted to continue.
10. In the light of the said circumstance, I deem it
appropriate to dispose these petitions with liberty to the
petitioners to avail the benefit of compounding of the offences
under the MMDR Act and KMMC Rules and in the event of need,
approach this Court in future. In the event, they would
approach, all contentions urged before the Court in the subject
petitions shall remain open to be urged in those petitions.
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NC: 2026:KHC:6303
HC-KAR AND 3 OTHERS
11. In the light of the interim order subsisting in the
cases at hand, I deem it appropriate to direct the respondents
not to take any precipitative action in the interregnum.
12. The petitioners shall avail the benefit of filing
applications of compounding the offences in terms of law within
six weeks from the date of receipt of the copy of this order and
the authority shall pass necessary orders thereon within four
weeks thereafter. Till the expiry of ten weeks, no precipitative
action shall be taken against these petitioners qua the
impugned proceedings.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
CBC
List No.: 1 Sl No.: 38
