- 1 - HC-KAR NC: 2025:KHC-D:12787 CRL.P No. 102735 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102735 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: LAXMI VENKATESHWAR STONE CRUSHER, PROP. SMT. SARASWATHI W/O KRISHNA ITTANGI, AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O . SY. NO.39/2, HUVINAL VILLAGE, HALVARTHI ROAD, KOPPAL, TQ. AND DIST. KOPPAL-583 231. … PETITIONER (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY KOPPAL TOWN, KOPPAL, TQ. AND DIST. KOPPAL-583 234, REPRESENTED BY S.P.P., HIGH COURT BUILDING, DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THIS CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN CC NO.3538/2022 UNDER SECTION 9(2)(VI), 10, 16(1), 16(2), 17(1), 17(2), 3C(3) AND 3(C)(5) OF KARNATAKA REGULATION OF STONE CRUSHER ACT 2011 AND RULES 3C(1), 3C(2), 3C(3) AND 3C(5) OF KARNATAKA REGULATION OF STONE CRUSHERS RULES-2012 AND PUNISHABLE UNDER SECTIONS 16(1) AND 17(1)OF KARNATAKA REGULATION OF STONE CRUSHERS ACT 2011, PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND JMFC, KOPPAL AS AGAINST THE PRESENT PETITIONER/ACCUSED NO.2, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12787 CRL.P No. 102735 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 is before this Court under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in C.C. No.3538 of 2022 pending before the Court of Principal Civil Judge and JMFC, Koppal, registered for offences under Sections 9(2)(vi), 10, 16(1), 16(2), 17(1), 17(2), 3-C(3) and 3-C(5) of Karnataka Regulation of Stone Crushers Act, 2011 and Rules 3- C(1), 3-C(2), 3-C(3) and 3-C(5) of Karnataka Regulation of Stone Crushers Rules, 2012 and punishable under Sections 16(1) and 17(1) of Karnataka Regulation of Stone Crushers Act, 2011. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent. 3. Learned counsel for the petitioner submits that allegation in the private complaint is similar against all the accused. The impugned criminal proceedings as against accused Nos.1, 5 and 11 has been quashed by the Co-ordinate Bench of this Court in Criminal Petition No.100425 of 2025 by order dated 12.02.2025. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:12787 CRL.P No. 102735 of 2025 4. Per contra, learned HCGP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 5. This Court in Criminal Petition No.100425 of 2025 at paragraph Nos.7 to 14 has observed as follows: “7. Rule 3-C of the Rules of 2012 states that no crusher licensee shall receive, store, or cause to store any minerals or processed minerals on its premises without a valid mineral dispatch permit issued in accordance with mineral concession rules. 8. Sub-rule (5) of Rule 3-C further provides that if any mineral or its processed product is found on the premises of a crusher licensee without proper royalty payment, the competent authority shall, after granting an opportunity of hearing, initiate penal action under the provisions of the Act. 9. Therefore, before initiating any penal action, an opportunity of hearing must be provided to the crusher licensee. Upon considering the reply, if any, submitted by the licensee, the competent authority must pass an appropriate order. Thereafter, the licensing authority may pass an order - 4 - HC-KAR NC: 2025:KHC-D:12787 CRL.P No. 102735 of 2025 canceling the license, imposing a fine, or initiating criminal prosecution. 10. Section 15 of the Act of 2011 provides for an appeal against any order passed by the licensing authority, stating that such an appeal shall lie before the Regional Commissioner. 11. In similar circumstances, a Co-ordinate Bench of this Court in Crl.P. No.101794/2021, while dealing with similar provisions under the Legal Metrology Act, 2009, referred to Section 48 of the said Act, which provides for the compounding of offences, and Section 50, which provides for an appeal. 12. In reliance on the decision in Shalini K. v. Inspector of Legal Metrology & Another (W.P. No.51116/2017 (GM-RES) and connected cases), it was held that under Section 50(1) of the Legal Metrology Act, an appeal is available to an offender against any decision taken based on a reply submitted for offences punishable under Sections 27 to 39 of the said Act. It was further held that where the State, without passing an order, directly registers a complaint and sets criminal law into motion, such action would be legally unsustainable. - 5 - HC-KAR NC: 2025:KHC-D:12787 CRL.P No. 102735 of 2025 13. In the present case, the licensing authority, without providing an opportunity of hearing to the petitioners and without passing an order, has directly registered a criminal case to prosecute them. Consequently, the filing of the complaint and the subsequent taking of cognizance stand vitiated for non-compliance with the mandatory provisions of the Act of 2011 and the Rules of 2012. 14. Under these circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law.” 6. The aforesaid reasoning of this Court assigned in Criminal Petition No.100425 of 2025, wherein the impugned criminal proceedings has been quashed insofar as relates to accused Nos.1, 5 and 11, is also applicable to the case on hand. Therefore, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C. No.3538 of 2022 pending before the Court of Principal Civil Judge and JMFC, Koppal, - 6 - HC-KAR NC: 2025:KHC-D:12787 CRL.P No. 102735 of 2025 registered for offences under Sections 9(2)(vi), 10, 16(1), 16(2), 17(1), 17(2), 3-C(3) and 3-C(5) of Karnataka Regulation of Stone Crushers Act, 2011 and Rules 3-C(1), 3-C(2), 3-C(3) and 3-C(5) of Karnataka Regulation of Stone Crushers Rules, 2012 and punishable under Sections 16(1) and 17(1) of Karnataka Regulation of Stone Crushers Act, 2011, as against the petitioner herein is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 90