- 1 - HC-KAR NC: 2025:KHC-K:3640 CRL.P No. 201384 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201384 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: RAGHAVENDRA BACHA S/O DAMODAR BACHA, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/O. NO. 6-3-680/8/1, FLAT NO. 503, DIVYA RESIDENCY APARTMENTS, THAKUR MANSION LANE, BESIDE KHAJANA JEWELERS ERRAMANZIL, HYDERABAD-500082 …PETITIONER (BY SRI RAVI B. PATIL, ADVOCATE) AND: 1. THE STATE THROUGH, DHANURA POLICE STATION, BHALKI, TQ. BHALKI, DIST. BIDAR 2. SRI M. C. KUMAR SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT, HIGHER GEOLOGY OFFICER, BIDAR-585401. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3640 CRL.P No. 201384 of 2024 THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO a) QUASH THE IMPUGNED PROCEEDINGS IN P.C NO.11/2014 BY THE COURT OF CIVIL JUDGE AND JMFC BHALKI FOR THE OFFENCE UNDER SEC.21(1) TO (5), 22 OF MMRD ACT AND RULE 3(1), 42, 43, 44 OF KMMRC RULES AS ILLEGAL AND ONE WITHOUT JURISDICTION. b) PAS SUCH OTHER ORDER/ORDERS DIRECTIONS AS HIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Ravi B. Patil, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondents. 2. Petition under Section 482 of Cr.P.C. with the following prayer: “a) quash the impugned proceedings in P.C.No.11/2014 by the Court of Civil Judge and JMFC Bhalki for the offence under Sec.21(1) to (5), 22 of MMRD Act and Rule 3(1), 42, 43, 44 of KMMRC Rules as illegal and one without jurisdiction. - 3 - HC-KAR NC: 2025:KHC-K:3640 CRL.P No. 201384 of 2024 b) pass such other order/orders directions as his Hon’ble Court deems fit in the circumstances of the case.” 3. Brief facts, which are utmost necessary for disposal of the present petition are as under: 3.1 Senior Geologist, Bidar lodged a private complaint against the petitioner herein alleging the commission of the offences punishable under Section 21 (1) to (5) and 22 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3(1), 42, 43 and 44 of the Karnataka Minor Mineral Concession Rules, 1994. 3.2 Facts as unveiled in the complaint are that petitioner was involved in extracting laterite stone in the land bearing Survey No.117, measuring 20 acres 12 guntas of Malachapur village, Bhalki taluka, Bidar district without any licence or permit. 3.3 Learned Trial Magistrate registered a case in PCR No.11/2014 and after verifying the records, took - 4 - HC-KAR NC: 2025:KHC-K:3640 CRL.P No. 201384 of 2024 cognizance and is proceeding with the criminal case, which is now pending in C.C.No.75/2015. 3.4 It is also alleged that the jurisdictional police also filed a case in respect of the same incident in C.C.No.18/2015, wherein, the petitioner is acquitted. 4. Learned counsel for the petitioner contended that taking note of the offences alleged against the petitioner, case is to be tried by the Special Judge and not by the Trial Magistrate. Therefore, there is jurisdictional error and sought for quashing of the pending criminal proceedings. 5. Per contra, learned High Court Government Pleader supports registration of the private complaint and contented that having regard to the nature of offences alleged against the petitioner, at the most, the impugned order registering the criminal case needs to be set aside and the matter be committed to the Special Court for - 5 - HC-KAR NC: 2025:KHC-K:3640 CRL.P No. 201384 of 2024 disposal in accordance with law and sought for passing suitable orders. 6. Having heard the arguments of both sides, this Court perused the material on record meticulously. 7. On such perusal of the material on record, having regard to the nature of offences punishable under Section 21 (1) to (5) and 22 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3(1), 42, 43 and 44 of the Karnataka Minor Mineral Concession Rules, 1994 alleged against the petitioner, the case is triable by the Special Judge and not by the jurisdiction Magistrate. 8. Likewise, mere acquittal of the case instituted by the police in C.C.No.18/2015 has no impact whatsoever on the pending private complaint, wherein, the complainant is the Senior Geologist, Bidar. - 6 - HC-KAR NC: 2025:KHC-K:3640 CRL.P No. 201384 of 2024 9. Accordingly, if the order of taking cognizance and proceeding with the case before the Trial Magistrate is set aside and the matter is remitted to the Trial Magistrate to be committed to the Special Judge, ends of justice would be met. 10. Hence, following order is passed: ORDER a) Criminal petition is allowed. b) Order of taking cognizance and proceeding with the criminal case by the Trial Magistrate in C.C.No.75/2015 is hereby set aside. c) Matter is remitted to the Trial Magistrate for appropriate orders in committing the matter to the Special Judge for disposal in accordance with law. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 24 CT:PK