- 1 - HC-KAR NC: 2025:KHC-D:11967 CRL.P No. 101600 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101600 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: SYED HABEEB S/O SYED SHABBIR HUSSAINI, AGE. 40 YEARS, OCC. BUSINESS, R/O. WARD NO.17, TEGGINAKERI ONI, KOPPAL-583 231. … PETITIONER (BY SRI. C.R. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KOPPAL DISTRICT-583 231, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER OF COGNIZANCE DATED 09.09.2022 AND 01.10.2022 AND CONSEQUENTLY SEEKING TO SET ASIDE THE PROCEEDINGS IN C.C. NO.3927/2022, PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT KOPPAL, INITIATE AGAINST THE PETITIONER/ACCUSED NO.1 FOR THE OFFENCE PUNISHABLE UNDER SECTION 22 OF THE MINES AND MINERAL (DEVELOPMENT AND REGULATION), ACT, 1957, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11967 CRL.P No. 101600 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to set aside the order dated 09.09.2022 passed in CC No.3927/2022 by the Court of Principal Civil Judge and JMFC, Koppal, registered for the offence punishable under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and also to quash the entire proceedings in the said case against him. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that impugned criminal proceedings is based on the inspection report report dated 27.07.2021, which was filed perusuant to a complaint received from one Chandrakant Ittangi. He submits that pursuant to the inspection that was held on 27.07.2021, a report was prepared and based on the same, the mining licence issued to the petitioner was quashed and the Division Bench of this Court in WP No.12961 of 2022, - 3 - HC-KAR NC: 2025:KHC-D:11967 CRL.P No. 101600 of 2023 has quashed the order of cancellation of Mining licence of the petitioner on the ground that the inspection that was held on 27.07.2021 was without notice to the petitioner and therefore, the same is bad in law. He submits that therefore the impugned proceedings which is initiated based on the very same inspection report cannot be sustained. 4. Per contra, learned HCGP was has opposed the petition submitted that allegation against the petitioner is that he had excavated sand in excess, by carrying on quarrying activities outside the lease area. Therefore, alleged offence gets attracted against the petitioner. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that based on the complaint received from one Chandrakanth Ittangai, inspection was held on 27.07.2021 and it was found that petitioner had carried on quarrying activities beyond the quarrying area and therefore, he had violated the license conditions. A report was accordingly - 4 - HC-KAR NC: 2025:KHC-D:11967 CRL.P No. 101600 of 2023 prepared and based on the same, the impugned criminal proceedings has been initiated against the petitioner. 6. Perusal of the material on record would go to show that, based on the very same inspection report, the quarrying licence of the petitioner was cancelled by the competent authorities by order dated 27.10.2021 and this was questioned by the petitioner in WP No.12961 of 2022 which was allowed by the Division bench of this Court by order dated 30.11.2022, holding that the inspection was conducted in violation of principles of natural justice. 7. Under the circumstances, I am of the opinion that prosecuting the petitioner for the alleged offences based on the very same inspection report amounts to abuse of process of law and to secure the ends of justice, the impugned criminal proceedings is required to be quashed. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:11967 CRL.P No. 101600 of 2023 (ii) The entire proceedings in CC No.3927/2022 by the Court of Principal Civil Judge and JMFC, Koppal, registered for the offence punishable under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 stands quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 81