- 1 - NC: 2025:KHC-D:3920 CRL.P No. 101091 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101091 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SUBHASH H. GUDIMANI AGE. 45 YEARS, OCC. BUSINESS, R/O. KAKKUR TANDA, POST. HESARUR, TQ. MUNDARAGI, DIST. GADAG-582118. …PETITIONER (BY SRI. H.N.GULARADDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH BY SRI. SANTSOH B.BENAKATTI, AGE. 35 YERAS, OCC. GEOLOGIST IN DEPARTMENT OF MINES AND GEOLOGY, GADAG, R/BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.13/2024 PENDING ON THE FILE OF ADDL. DIST AND SESSIONS JUDGGADAG IN FOR THE OFFENCES P/U/S 44(2) OF KMMC 1994 AND SECTION 21(2) F MMRD PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:25 +0530 - 2 - NC: 2025:KHC-D:3920 CRL.P No. 101091 of 2025 ORAL ORDER The petitioners challenges 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. 2. 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 survey revealed that the petitioners had extracted sand and stocked it in a stockyard. They were called upon to pay the applicable royalty. 3. 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, thereby amounting to a violation of the Karnataka Minor Mineral Concession Rules and the Mines and Minerals (Development and Regulation) Act, 1957. 4. 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’ - 3 - NC: 2025:KHC-D:3920 CRL.P No. 101091 of 2025 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. 5. 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. 6. The arguments advanced by learned counsel for the parties have been duly considered. 7. The petitioners have annexed a copy of the proceedings from the third survey conducted by the Mines and 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. 8. Given that the third survey was conducted and a report thereon was submitted, the complaint based on the reports from the first and second surveys has become redundant. Consequently, the petitioner cannot be prosecuted based on outdated reports. Accordingly, I pass the following: - 4 - NC: 2025:KHC-D:3920 CRL.P No. 101091 of 2025 ORDER i) The petition is allowed. ii) The impugned proceedings in Spl.C.C.No.13/2024 pending on the file of the Addl. District and Sessions Judge, Gadag, insofar as it relates to the petitioner/accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 109