- 1 - NC: 2025:KHC:13925 CRL.P No. 3081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3081 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. UMESH SHETTY AGED ABOUT 35 YEARS, S/O. RATHNAKAR SHETTY R/AT. 3-159, KESANA MAKKI MEL MANE YEDYADI-MATHYADI, UDUPI-576 222. …PETITIONER (BY SMT. SWATI GOPALKRISHNA HEGDE, ADVOCATE FOR SRI. H PAVANA CHANDRA SHETTY., ADVOCATE) AND: 1. STATION HOUSE OFFICER KOTA POLICE STATION, KOTA, BHRAMAVARA TALUK, UDUPI DISTRICT- 576 213, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. RAGHAVENDRA. C, AGED ABOUT 38 YEARS POLICE SUB-INSPECTOR, KOTA POLICE STATION, KOTA BHRAMAVARA TALUK, UDUPI DISTRICT- 576 213. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13925 CRL.P No. 3081 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.41/2025 KOTA P.S. ON PENDING FILES OF THE I ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT, UDUPI DISTRICT FOR THE OFFENCE P/U/S 4, 4(1A), 21 OF MMDR (MINES AND MINERALS REGULATION OF DEVELOPMENT) ACT 1957 AND OFFENCE P/U/S 112,3(5) AND 303(2) OF THE BNS 2023 PRODUCED HEREWITH AS DOCUMENT NO.1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondents No.1 and 2. 2. The petitioner–accused No.2 challenges the registration of the FIR for offences punishable under Sections 4, 4(1A), and 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and under Sections 112, 3(5), and 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The second respondent lodged the FIR stating that he received a call from the beat officers regarding the illegal transportation of sand from Tekkatte towards Kota in a tipper vehicle. Upon receiving the information, the complainant and his staff intercepted the tipper vehicle, and upon inspection, it was found that the accused was - 3 - NC: 2025:KHC:13925 CRL.P No. 3081 of 2025 transporting sand without authorization. It is further stated that the driver of the tipper was apprehended, and his statement was recorded, wherein he claimed that the sand had been extracted from land belonging to the petitioner. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 5. The petitioner has been arrayed as accused No.2 solely on the basis of the confession statement of accused No.1—the driver—who allegedly stated that the sand transported in the tipper vehicle had been extracted from the land owned by the petitioner. 6. Section 22 of the MMDR Act, 1957, stipulates that no court shall take cognizance of any offence punishable under this Act or the rules made thereunder, except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. Therefore, cognizance of the offence under this Act can only be taken based on a written complaint by an officer authorized by the State Government, and not on the basis of a final report submitted by the police. - 4 - NC: 2025:KHC:13925 CRL.P No. 3081 of 2025 7. Consequently, the registration of the FIR and the conduct of investigation in respect of offences under the MMDR Act are without authority. In such circumstances, the continuation of the investigation would amount to an abuse of the process of law. 8. Accordingly, the Criminal Petition is allowed. The impugned FIR in Crime No. 41/2025 registered by the Kota Police Station, insofar as it relates to the petitioner– accused No.2, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 36