- 1 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101566 OF 2025 (482 OF CR.PC/528 OF BNSS) C/W CRIMINAL PETITION NO. 101618 OF 2023 CRIMINAL PETITION NO. 101619 OF 2023 CRIMINAL PETITION NO. 101620 OF 2023 CRIMINAL PETITION NO. 101621 OF 2023 CRIMINAL PETITION NO. 102131 OF 2023 CRIMINAL PETITION NO. 102357 OF 2023 CRIMINAL PETITION NO. 102358 OF 2023 CRIMINAL PETITION NO. 102362 OF 2023 CRIMINAL PETITION NO. 102718 OF 2023 CRIMINAL PETITION NO. 102999 OF 2023 IN CRIMINAL PETITION NO. 101566 OF 2025 BETWEEN: SHRI DEVARAY S/O. VENKANNA NAYAK, (IN PRIVATE COMPLAINT THE FATHER NAME WRONGLY SHOW AS BHEERANA SUBSEQUENTLY IT IS AMENDED BY THE COMPLAINANT AS VENKANNA), AGE: 66 YEARS, OCC: AGRICULTURE, R/O. BOLE HOSAGADDE VILLAGE, TQ. ANKOLA, DIST. UTTARA KANNADA. …PETITIONER (BY SRI. S.B. DODDAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY THE SECRETARY, MINES AND GEOLOGICAL DEPARTMENT, R/O. M. S. BUILDING, BENGALURU-1. R/BY. SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SHRI MANJUNATH SHANIYAR DEVADIGA, THE GEOLOGIST OFFICE OF MINES AND GEOLOGIST DEPARTMENT, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS R/O. KARWAR, DIST. UTTARA KANNADA. R/BY. SPP HIGH COURT OF KARNAKAKA, DHARWAD BENCH. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.528 OF BNSS, R/W. SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.165/2023 ARISING OUT OF PCR NO.13/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA COGNIZANCE TAKEN ON 15.03.2025 FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER IS CONCERNED & ETC. IN CRIMINAL PETITION NO. 101618 OF 2023 BETWEEN: SMT. BHAVANI VENKATRAMANNA NAYAK, AGE: 56 YEARS, OCC: HOUSE MAKER, R/O. SURVE VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA-581353. …PETITIONER (BY SRI. S.B. DODDAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY THE SECRETARY (THROUGH SPP HIGH COURT OF KARNATAKA) MINES AND GEOLOGICAL DEPARTMENT, R/O.. M.S. BUILDING, BENGALURU-560001. 2. SHRI MANJUNATH SHANIYAR DEVADIGA THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT, R/O. KARWAR, DIST. UTTARA KANNADA-581301. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C - 3 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS NO.149/2023 ARISING OUT OF PCR NO.04/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER IS CONCERNED & ETC. IN CRIMINAL PETITION NO. 101619 OF 2023 BETWEEN: SHRI BEERANA BOMMAYYA NAYAK, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. SURVE, TQ. ANKOLA, DIST. UTTAR KANNADA-581353. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY THE SECRETARY (THROUGH SPP HIGH COURT OF KARNATAKA) MINES AND GEOLOGICAL DEPARTMENT, R/O.. M.S. BUILDING, BENGALURU-560001. 2. SHRI MANJUNATH SHANIYAR DEVADIGA THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT, R/O. KARWAR, DIST. UTTARA KANNADA-581301. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.166/2023 ARISING OUT OF PCR NO.14/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER IS CONCERNED & ETC. - 4 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS IN CRIMINAL PETITION NO. 101620 OF 2023 BETWEEN: SHRI HARISHCHANDRA VENKATRAMAN NAYAK, AGE: 65 YEARS, OCC: RETIRED GOVT. OFFICER, R/O. SURVE VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA-581353. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY THE SECRETARY MINES AND GEOLOGICAL DEPARTMENT R/O.. M. S. BUILDING, BENGALURU-560001. R/BY SPP DHARWAD HC, DHARWAD. 2. SHRI MANJUNATH SHANIYAR DEVADIGA THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT, R/O. KARWAR, DIST. UTTARA KANNADA-581301. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.104/2023 ARISING OUT OF PCR NO.05/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER IS CONCERNED & ETC. IN CRIMINAL PETITION NO. 101621 OF 2023 BETWEEN: SHRI RAMACHANDRA S/O. VENKANNA NAYAK, AGE: 75 YEARS, OCC: RETIRED, R/O. SHETAGERI, HOSKERI, - 5 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS TQ. ANKOLA, DIST. UTTAR KANNADA-581353. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY THE SECRETARY MINES AND GEOLOGICAL DEPARTMENT R/O.. M.S. BUILDING, BENGALURU- 560001. REP. BY SPP DHARWAD HIGH COURT. 2. SHRI MANJUNATH SHANIYAR DEVADIGA THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT R/O. KARWAR, DIST. UTTARA KANNADA-581301. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.107/2023 ARISING OUT OF PCR NO.08/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER IS CONCERNED & ETC. IN CRIMINAL PETITION NO. 102131 OF 2023 BETWEEN: 1. RADHA D/O. VENKATRAMAN NAYAK, @ SMT. RADHA W/O. RAMA NAYAK, AGE: 73 YEARS, OCC: HOUSEHOLD WORK, R/O. PURALAKKIBENA VILLAGE TQ. ANKOLA, DIST. UTTAR KANNADA. 2. SHRI NARAYAN S/O. RAMA NAYAK, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. SURVE VILLAGE, TQ ANKOLA, DIST. UTTAR KANNADA. - 6 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS 3. SHRI HARICHANDRA S/O. RAMA NAYAK AGE: 73 YEARS, OCC: AGRICULTURE, R/O. SURVE VILLAGE, TQ ANKOLA, DIST UTTAR KANNADA. 4. SHRI VITOBA S/O. RAMA NAYAK, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. PURALAKKIBENA VILLAGE TQ. ANKOLA, DIST. UTTAR KANNADA. 5. SHRI GOPAL S/O. RAMA NAYAK, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. PURALAKKIBENA VILLAGE TQ. ANKOLA, DIST. UTTAR KANNADA. 6. SMT. SHANTI W/O. BEERANNA NAYAK, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. PURALAKKIBENA VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA. …PETITIONERS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY MINES AND GEOLOGICAL DEPARTMENT, R/O. M S BUILDING, BENGALURU-1. 2. SHRI MANJUNATH SHANIYAR DEVADIGA, THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT, R/O. KARWAR, DIST. UTTARA KANNADA. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.113/2023 ARISING OUT OF PCR NO.12/2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE OFFENCES U/S.21(1) MMRD ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONERS ARE (ACCUSED NO.1 TO 6) CONCERNED AND ETC. - 7 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS IN CRIMINAL PETITION NO. 102357 OF 2023 BETWEEN: 1. SHRI VENKATRAMAN S/O. GANAPATHI NAYAK AGE: 70 YEARS, OCC: AGRICULTURE, R/O. SHETAGERI VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA–581353. 2. SHRI. LAXMAN S/O. GANAPATHI NAYAK, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. SHETAGERI VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA–581353. …PETITIONERS (BY SRI. S. B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY THE SECRETARY, MINES AND GEOLOGICAL DEPARTMENT, R/O. M.S.BUILDING, BENGALURU-1. R/BY THE HCGP, HIGH COURT BUILDING, DHARWAD–580011. 2. SHRI MANJUNATH SHANIYAR DEVADIGA THE GEOLOGIST OFFICE OF MINES AND GEOLOGICALL DEPARTMENT, R/O. KARWAR, DIST. UTTARA KANNADA–581301. R/BY THE HCGP, HIGH COURT, BUILDING, DHARWAD. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.105/2023 ARISING OUT OF PCR NO.06/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR 1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER NO.1 AND 2 I.E. ACCUSED 1 AND 2 IN C.C NO.105/2023 IS CONCERNED AND ETC. - 8 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS IN CRIMINAL PETITION NO. 102358 OF 2023 BETWEEN: SHRI RAMACHANDRA S/O. SHANKAR NAYAK, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. 79 SHETGERI, TQ. ANKOLA, DIST. UTTAR KANNADA-581353. …PETITIONER (BY SRI. S. B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY , MINES AND GEOLOGICAL DEPARTMENT R/O. M.S. BUILDING BENGALURU-1, R/BY. THE HCGP, HIGH COURT BUILDING , DHARWAD-580011. 2. SHRI MANJUNATH SHANIYAR DEVADIGA, THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT R/O. KARWAR, DIST. UTTAR KANNADA-581301. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.106/2023 ARISING OUT OF PCR NO.07/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S.21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR 1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER NO.1 AND 2 I.E. ACCUSED 1 AND 2 IN C.C NO.106/2023 IS CONCERNED AND ETC. IN CRIMINAL PETITION NO. 102362 OF 2023 BETWEEN: SHRI MAHADEV S/O. HAMMANNA NAYAK, AGE: 87 YEARS, OCC: AGRICULTURE, R/O. SURVE VILLAGE, TQ. ANKOLA, - 9 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS DIST. UTTARA KANNADA-581353. …PETITIONER (BY SRI. S. B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY. THE SECRETARY MINES AND GEOLOGICAL DEPARTMENT, R/O. M.S.BUILDING, BENGALURU 1, R/BY HCGP, HIGH COURT BUILDING, DHARWAD-580011. 2. SHRI MANJUNATH SHANIYAR DEVADIGA, GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT, R/O. KARWAR DIST. UTTARA KANNADA-581301, REP. BY SPP, DHARWAD. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION FILED U/S. 482 OF CR.P.C SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.148/2023 ARISING OUT OF PCR NO. 03/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/S. 21(1) MMDR ACT 1954 AND RULE 44(1) (2) (3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER NO.1 I.E. ACCUSED NO.1 IN C.C. NO.148/2023 IS CONCERNED AND ETC. IN CRIMINAL PETITION NO. 102718 OF 2023 BETWEEN: SHRI SANJEEV S/O. BEERANNA NAYAK, AGE: 48 YEARS, OCC: LECTURER, R/O. SHETAGERI VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. S. B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY MINES AND GEOLOGICAL DEPARTMENT - 10 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS R/O. M.S. BUILDING, BENGALURU-1, R/BY HCGP HIGH COURT BUILDING, DHARWAD-580011. 2. SHRI MANJUNATH SHANIYAR DEVADIGA, THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT, R/O. KARWAR, DIST. UTTARA KANNADA-581301, R/BY SPP. HIGH COURT BUILDING, DHARWAD. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION FILED U/S.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 108/2023 ARISING OUT OF PCR NO.09/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/SEC. 21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR- 1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER IS CONCERNED AND GRANT ANY OTHER RELIEF IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN CRIMINAL PETITION NO. 102999 OF 2023 BETWEEN: 1. SHRI. RAMACHANDRA S/O. SHANTU NAYAK, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. 63, HICHKAD ANKOLA, TQ. ANKOLA DIST. UTTR KANNADA-581353. 2. SMT. DEVAMMA RAMESH NAYAK AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BHOLA HOSAGADDE ANKOLA, TQ. ANKOLA, DIST. UTTAR KANNADA 581353. 3. SHRI SADANAND S/O. NARAYAN NAYAK AGE: 70 YEARS, OCC: AGRICULTURE, R/O. 63, HICHKAD ANKOLA, TQ. ANKOLA, DIST. UTTAR KANNADA 581353. 4. SMT. CHITRANGAD BHOMMAYYA GAVNKAR, AGE: 80 YEARS, OCC: AGRICULTURE, R/O. BHAVIKERI ANKOLA, - 11 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS TQ. ANKOLA, DIST. UTTAR KANNADA 581353. 5. SHRI SHANTHARAM S/O. NARAYAN NAYAK, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. HICHKAD ANKOLA, TQ. ANKOLA, DIST. UTTAR KANNADA 581353. 6. SHRI LAXMAN S/O. SUBRAY NAYAK AGE: 70 YEARS, OCC: AGRICULTURE, R/O. HICHKAD ANKOLA, TQ. ANKOLA, DIST. UTTAR KANNADA 581353. …PETITIONERS (BY SRI. S. B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY MINES AND GEOLOGICAL DEPARTMENT, R/O. M. S. BUILDING, BENGALURU-1, R/BY THE HCGP HIGH COURT BUILDING, DHARWAD-580011. 2. SHRI MANJUNATH SHANIYAR DEVADIGA, THE GEOLOGIST OFFICE OF MINES AND GEOLOGICAL DEPARTMENT R/O. KARWAR, DIST. UTTARA KANNADA 581301. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C. C NO. 119/2023 ARISING OUT OF PCR NO. 32/2023 PENDING ON THE FILE OF ADDL CIVIL JUDGE AND JMFC COURT ANKOLA FOR THE ALLEGED OFFENCES U/SEC. 21(1) MMDR ACT 1954 AND RULE 44(1)(2)(3) OF KMMCR-1994 (AMENDED RULE 2020) IN SO FAR AS THE PETITIONER I.E. ACCUSED NO.1, 2, 4, 5, 9, 10, 11 IN C.C NO.119/2023 IS CONCERNED AND ETC. THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: * 7) SHRI VASANTH S/O SUBRAY NAYAK AGE 78 YEARS, OCC: AGRICULTURE, R/O. HICHKAD ANKOLA TQ. ANKOLA, DIST. UTTAR KANNADA 581353. * Inserted Vide Court Order Dated 03.07.2025 Sd/- (VNTJ) - 12 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent-State. 2. The petitioners have filed these petitions under Section 482 of the Criminal Procedure Code (for short, ‘the Cr.P.C’) to quash entire proceedings in C.C.Nos.165/2023, 149/2023, 166/2023, 104/2023, 107/2023, 113/2023, 105/2023, 106/2023, 148/2023, 108/2023 and 119/2023 arising out of PCR Nos.13/2023, 04/2023, 14/2023, 05/2023, 08/2023, 12/2023, 06/2023, 07/2023, 03/2023, 09/2023 and 32/2023 pending on the file of learned Additional Civil Judge and JMFC, Ankola for the offences punishable under Section 21(1) Mines and Minerals (Development and Regulation) Act, 1957('MMRD Act' for short) 1954 and Rule 44(1)(2)(3) of Karnataka Minor Mineral Concession, (for short, ‘the KMMCR’) 1994 (Amended Rule 2020). 3. Perused the records. 4. Learned counsel for the petitioners submitted that in view of establishment of Special Courts to try the offences under Karnataka Minor Mineral Concession (Amendment) Rules, - 13 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS 2020 and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957, no private complaint is maintainable before learned JMFC so far as these cases are concerned. 5. Therefore, on this sole ground, learned counsel submits that entertaining of the complaint by learned JMFC and taking cognizance are bad in law and the same are liable to be quashed. 6. Section 30B of MMRD Act confers special status on the Special Courts and the Government has to establish Special Courts for the purpose of trying the offences under MMRD Act. There is no doubt so far as the above aspect is concerned. 7. Section 30B of the MMRD Act reads as under:- 30B Constitution of Special Courts: 1. The State Government may, for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section (1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for such area or areas, as may be specified in the notification. 2. A Special Court shall consist of a Judge who shall be appointed by the State Government with the concurrence of the High Court. - 14 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS 3. A person shall not be qualified for appointment as a judge of a Special Court unless he is or has been a District and Sessions Judge. 4. Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court within a period of sixty days from the date of such order. 8. In view of the above proposition of law, in order to deal with the matters under the above enactment, the Government has issued the notification constituting Special Courts for the purpose of dealing with the offences under MMRD Act. As per Section 30B of the MMRD Act, the Prl. District and Sessions Judge of every District have been designated as Special Judge. 9. In view of Section 30B of the MMRD Act and the notification issued as noted above, it is crystal clear that the Judicial Magistrate First Class has no right to entertain any complaint where the cases are filed under MMRD Act or Rules therein and with allied offences. In this background, as rightly submitted by learned counsel of the petitioners, learned JMFC could not have entertained the complaint and could not have taken cognizance and issued summons to the petitioners- accused persons herein. Therefore, the order of taking - 15 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS cognizance and issuing process against accused persons requires to be quashed. 10. Under the above said facts and circumstances and in view of the above proposition of law and notification, learned Magistrate had no jurisdiction to entertain the complaint and take cognizance of the above said offences. Thus, the proceedings before the learned Magistrate require to be quashed. Hence, the Court passes the following: ORDER i. The petitions are allowed. ii. The order passed by learned Magistrate entertaining the complaints in C.C.Nos.165/2023, 149/2023, 166/2023, 104/2023, 107/2023, 113/2023, 105/2023, 106/2023, 148/2023, 108/2023 and 119/2023 arising out of PCR Nos.13/2023, 04/2023, 14/2023, 05/2023, 08/2023, 12/2023, 06/2023, 07/2023, 03/2023, 09/2023 and 32/2023 and taking cognizance of the offences thereof and issuing summons are hereby quashed. - 16 - HC-KAR NC: 2025:KHC-D:7401 CRL.P No. 101566 of 2025 C/W CRL.P No. 101618 of 2023 AND 9 OTHERS iii. However, the respondent -State is at liberty to file appropriate complaints in accordance with law before the Court having jurisdiction, if need, subject to point of limitation as prescribed under Section 468(c) of the Cr.P.C. iv. In view of the disposal of the petitions on merits, IAs, if any, do not survive for consideration. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN LIST NO.: 1 SL NO.: 43