- 1 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100830 OF 2024 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100826 OF 2024 CRIMINAL PETITION NO. 103329 OF 2024 CRIMINAL PETITION NO. 103331 OF 2024 IN CRL.P. NO.100830 OF 2024: BETWEEN: ANAND B. DODDAMANI S/O. BHEEMANAGOUDA DODDAMANI, AGE. 47 YEARS, OCC. BUSINESS, R/O. H.NO.68, BEHIND CHETANA COLLEGE, AKSHAYA COLONY, HUBBALLI, DIST. DHARWAD-580029. …PETITIONER (BY SRI. DAYANAND M.BANDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH BY SRI. SANTOSH B. BENAKATTI, AGE. 34 YEARS, OCC. GEOLOGIST IN DEPARTMENT OF MINES AND GEOLOGY GADAG, R/O. OFFICE OF DEPARTMENT OF MINES AND GEOLOGY, GADAG, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH ENTIRE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC 534/2023 ON THE FILE OF THE CIVIL JUDGE AND JMFC AT MUNDARGI FOR OFFENCE UNDER RULES 44(1), 44(2) AND 44(4) OF THE KARNATAKA MINOR MINERAL CONCESSION RULES 1994 AND U/S 21(1), 21(2) OF THE MINES AND MINERAL (DEVELOPMENT AND REGULATION) ACT, 1957 IN SO FAR PETITIONER/SOLE ACCUSED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:23 +0530 - 2 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS IN CLR.P. NO. 100826 OF 2024: BETWEEN: ANAND B. DODDAMANI S/O. BHEEMANAGOUDA DODDAMANI, AGE. 47 YEARS, OCC. BUSINESS, R/O. H.NO.68, BEHIND CHETANA COLLEGE, AKSHAYA COLONY, HUBBALLI, DIST. DHARWAD-580029. …PETITIONER (BY SRI. DAYANAND M.BANDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH BY SRI. SANTOSH B. BENAKATTI, AGE. 34 YEARS, OCC. GEOLOGIST IN DEPARTMENT OF MINES AND GEOLOGY, GADAG, R/O. OFFFICE OF DEPARTMENT OF MINES AND GEOLOGY GADAG, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH ENTIRE CHARGE SHEET AND ENTIRE PROCEEDINGS IN C.C.NO. 532/2023 ON THE FILE OF THE CIVIL JUDGE AND JMFC AT MUNDARGI FOR OFFENCE UNDER RULES 44(1), 44(2) AND 44(4) OF THE KARNATAKA MINOR MINERAL CONCESSION RULES 1994 AND U/SEC. 21(1), 21(2) OF THE MINES AND MINERAL (DEVELOPMENT AND REGULATION ACT, 1957 IN SO FAR PETITIONER/SOLE ACCUSED. IN CRL. P. NO.103329: BETWEEN: SUJATA W/O. NINGAPPA DODDAMANI AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O. MULGUND ROAD, NEAR KUTTER HOTEL, GADAG, DIST. GADAG. …PETITIONER (BY SRI. LAXMAN T MANTAGANI, ADVOCATE) - 3 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS AND: 1. THE STATE OF KARNATAKA BY THROUGH ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. 2. SHRI. SANTOSH B. BENAKATTI SR. GEOLOGIST AGE. 34 YEARS, OFFICE OF MINES AND GEOLOGY, GADAG, DIST. GADAG-582101, R/BY SPP HCK, DHARWAD. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CHARGE SHEET AND PROCEEDING OF COMMITTAL IN C.C.NO. 536/2023 BY THE COURT OF CIVIL JUDGE AND JMFC COURT MUNDARGI AND ON COMMITTAL, PROCEEDINGS PENDING IN SPL.C.NO. 60/2024 ON THE FILE OF COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG FOR THE OFFENCE P/U/SEC. RULE 44(1), 44(2), AND 44(4) OF KMMC 1994 AND SEC. 21(1) AND 21(2) OF MMDR ACT 1957 (VIDE ANNEXURE-C) AND ALLOW THE ABOVE CRIMINAL PETITION. IN CRL.P. NO.103331 OF 2024: BETWEEN: JAHIRUDDIN MULLA AGED ABOUT 40 YEARS, OCC. BUSINESS, R/O. KALAKARI, TQ. MUNDARGI, DIST. GADAG. …PETITIONER (BY SRI. LAXMAN T.MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THROUGH ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. 2. SHRI. SANTOSH B. BENAKATTI SR. GEOLOGIST, AGE. 34 YEARS, OFFICE OF MINES AND GEOLOGY, GADAG, - 4 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS DIST. GADAG-582101,REP.BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE CHARGE SHEET AND PROCEEDING OF COMMITTAL IN CC NO.535/2023 BY THE COURT OF CIVIL JUDGE AND JMFC COURT, MUNDARAGI AND ON COMMITTAL, PROCEEDINGS PENDING IN SPL.C.NO.55/2024 ON THE FILE OF THE COURT OF ADDL.DISTRICT AND SESSIONS JUDGE, GADAG FOR THE OFFENCES PUNISHABLE UNDER RULE 44(1), 44(2) AND 44(4) OF KMMC 1994 AND SECTION 21(1) AND 21(2) OF MMDR ACT 1957, (VIDE ANNEXURE-C) AND ALLOW THE ABOVE CRIMINAL PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Since the issues involved in these petitions are similar, they are taken up together and disposed of by this common order. 2. The petitioners in these petitions challenge the cognizance taken for offences punishable under Rules 44(1), 44(2), and 44(4) of the Karnataka Minor Mineral Concession Rules, 1994, and under Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957. 3. Respondent No. 2 filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.) alleging that the petitioners, as leaseholders engaged in sand mining in the Tungabhadra River, were subject to a survey conducted by a team of officers from the Department of Mines and Geology. The first - 5 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS survey revealed that the petitioners had extracted sand and stocked it in a stockyard. They were called upon to pay the applicable royalty. 4. Subsequently, a second survey was conducted, revealing that the quantity of extracted sand stocked in the stockyard was less than the quantity recorded in the first survey. The discrepancy was alleged to be due to illegal transportation of sand without obtaining the requisite permit, amounting to a violation of the Karnataka Minor Mineral Concession Rules and the Mines and Minerals (Development and Regulation) Act. 5. Learned counsel for the petitioners argued that a third survey was conducted following the issuance of notice to the petitioners. After an inspection, a report was submitted indicating the exact quantity of extracted sand stocked in the petitioners’ stockyard. It was contended that the complaint based on the first and second surveys is redundant and that the petitioners cannot be prosecuted based on outdated information. 6. Learned Additional Government Advocate for Respondent No. 1-State argued that the first and second surveys revealed a shortage of extracted sand. It was further argued that the allegations against the petitioners constitute offences under the relevant provisions and sought the dismissal of the petitions. 7. The arguments advanced by learned counsel for the parties have been duly considered. 8. The petitioners have annexed a copy of the proceedings from the third survey conducted by the Mines and - 6 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS Geology Department and the District Task Force. The third survey report indicates the exact quantity of extracted sand stocked in the stockyard, which was less than the quantity recorded in the first and second surveys. The reduction in quantity was attributed to the removal of waste material from the sand. 9. Given that the third survey was conducted and a report submitted, the complaint based on the reports from the first and second surveys has become redundant. Consequently, the petitioners cannot be prosecuted based on outdated reports. ORDER i) The petitions are allowed. Crl.P.No.100826/2024 ii) The impugned proceedings in CC No.532/2023 pending on the file of the learned Civil Judge and JMFC, Mundargi, insofar as it relates to the petitioner – accused stands quashed. Crl.P.No.100830/2024 iii) The impugned proceedings in CC No.534/2023 pending on the file of the learned Civil Judge and JMFC, Mundargi, insofar as it relates to the petitioner – accused stands quashed. - 7 - NC: 2025:KHC-D:1499 CRL.P No. 100830 of 2024 AND CONNECTED MATTERS Crl.P.No.103329//2024 iv) The impugned proceedings in CC No.536/2023 pending on the file of the Civil Judge and JMFC, Mundargi, insofar as it relates to the petitioner – accused stands quashed. Crl.P.No.103331/2024 v) The impugned proceedings in CC No.535/2023 pending on the file of the Civil Judge and JMFC, Mundargi, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 12