- 1 - NC: 2025:KHC-D:2332 WP No. 103272 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 103272 OF 2023 (GM-RES) BETWEEN: 1. SRI. KOTRESH V. NALWAD SON OF SRI. VEERANNA NALWAD, AGED ABOUT 53 YEARS, PARTNER, M/S LALITHA STONE CRUSHERS, LALITHA NIVAS, 2ND CROSS, GAVI MUT ROAD, GAVISHREE NAGAR, KOPPAL TOWN, KOPPAL TQ: AND DIST. PIN-583 234. 2. SRI. K. RAJASHEKAR SON OF SRI. BASAVARAJ HITNAL, AGED ABOUT 42 YEARS, PARTNER, M/S K. RAJASHEKAR STONE CRUSHERS, HITNAL VILLAGE, KOPPAL TALUK, KOPPAL DIST., PIN-583 234. 3. SRI. G. RAGHAVENDRA SON OF SRI. AMBANNA, AGED ABOUT 46 YEARS, PROPRIETOR, M/S SRINIVASA STONE CRUSHER, NO.5, 10TH WARD, BALLARI, PIN-583 201. 4. SRI. AMARESH HUGAR S/O. RAMACHANDRAPPA HUGAR, AGED ABOUT 38 YEARS, PROPRIETOR, M/S AMARESH ENTERPRISES, KEREHALLI GRAMA AND POST, KOPPAL TALUK, KOPPAL DIST. PIN-583 234. 5. SRI. JADIYAPPA V. BANGALI, SON OF SRI. NARASAPPA BANGALI, AGED ABOUT 64 YEARS, PROPRIETOR, M/S SRIRAM STONE CRUSHERS, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:57 +0530 - 2 - NC: 2025:KHC-D:2332 WP No. 103272 of 2023 NO.46, CHIKKBAGANAL VILLAGE, KOPPAL TALUK AND DIST.-583 228. … PETITIONERS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KOPPAL TOWN, KOPPAL TALUK AND DIST. PIN-583 234, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KOPPAL TOWN, KOPPAL TALUK AND DIST. PIN-583 234. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE ORDER DATED: 10.10.2022 VIDE ANNEXURE-B PASSED BY THE LEARNED MAGISTRATE ON THE FILE OF CIVIL JUDGE AND JMFC AT KOPPAL IN C.C. NO.3305/2022 ARISING OUT OF PCR NO.425/2022 FOR TAKING COGNIZANCE OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT FOR THE ALLEGED VIOLATION OF SECTIONS 9 (2) (VI), 10, 16 (1), 16 (2), 17 (1), 17 (2), 3-C(3) AND SECTION 3-C (5) OF KARNATAKA REGULATION OF STONE CRUSHERS RULES 2011 AND PUNISHABLE UNDER SECTION 16 (1) AND 17 (1) OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND UNDER SECTION 200 OF CODE OF CRIMINAL PROCEDURE AND CONSEQUENTLY DISMISS THE COMPLAINT PCR NO.425/2022 VIDE ANNEXURE-A AND ETC.,. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:2332 WP No. 103272 of 2023 ORAL ORDER 1. The petitioners challenge the cognizance taken of the offences punishable under Sections 9(2)(vi), 10, 16(1), 16(2), 17(1), 17(2), 3-C(3), and 3-C(5) of the Karnataka Regulation of Stone Crushers Rules, 2011, as well as Sections 16(1) and 17(1) of the Karnataka Regulation of Stone Crushers Act, 2011. 2. The respondents filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.), alleging that the petitioners were granted a license for stone crushing, and during the currency of the license, they stacked minerals and carried out stone crushing without paying royalty to the government. The learned Magistrate, upon perusal of the complaint, took cognizance of the aforesaid offences, prompting the petitioners to approach this Court. 3. The learned counsel for the petitioners submitted that stacking minerals without payment of royalty is a contravention under Rule 3-C of the Karnataka Regulation of Stone Crushers Rules, 2012 (hereinafter referred to as ‘the Rules of 2012’). Sub- rule (5) of Rule 3-C provides that the competent authority must be given an opportunity to take action before initiating penal proceedings under the provisions of the Act. Furthermore, an alternative remedy of appeal is provided under Section 15 of the Karnataka Regulation of Stone Crushers Act, 2011 (hereinafter referred to as ‘the Act of 2011’), against any order passed by the competent authority after hearing the petitioners. Therefore, the prosecution of the petitioners for the aforesaid offences, without - 4 - NC: 2025:KHC-D:2332 WP No. 103272 of 2023 following the prescribed procedure, amounts to an abuse of the process of law. 4. In support of his argument, he relies on the decision of a Co-ordinate Bench of this Court in Crl.P. No.101794/2021. 5. In response, the learned Additional Government Advocate for the respondents contended that the petitioners, by stacking minerals without paying royalty to the government, have committed an offence under Rule 3-C of the Rules of 2012, which is punishable under Section 16 of the Act of 2011. Therefore, the learned Magistrate, after rightly considering the averments made in the complaint, has taken cognizance, which does not warrant interference. 6. The arguments of the learned counsel for the parties have been considered. 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. - 5 - NC: 2025:KHC-D:2332 WP No. 103272 of 2023 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. The licensing authority may, thereafter, pass an order either 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, the 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 of the Co-ordinate Bench in Shalini K. v. Inspector of Legal Metrology & Another (W.P. No.51116/2017 (GM-RES) and connected cases), it has been 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 respondent-state, without passing an order, directly registers a complaint, setting criminal law into motion, such an action would be legally unsustainable. - 6 - NC: 2025:KHC-D:2332 WP No. 103272 of 2023 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, culminating in the taking of cognizance, stands 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. 15. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC.No.3305/2022 pending on the file of the learned Civil Judge and JMFC, Koppal, insofar as it relates to the petitioners-accused are hereby quashed. iii) Liberty is reserved to the respondents to initiate such proceedings in accordance with law, after passing an order by providing an opportunity of hearing to the petitioners herein as enumerated in (5) of Rule 3-C of 2012. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK/List No.: 1 Sl No.: 34