- 1 - NC: 2025:KHC-D:3197 CRL.P No. 101918 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101918 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. PARASAPPA S/O. GIDDAPPA HOTTI MALIKARU, AGE. 69 YEARS, OCC. AGRICULTURE, R/O. BHAGYANAGAR, TQ. KOPPAL-583230, CORRECT NAME AND ADDRESS: SRI. PARASAPPA BHAGYANAGAR, S/O. GIDDAPPA BHAGYANAGA, R/O. H.NO.206, SB COLLEGE ROAD, NEAR DEPO NO.3, VIDYA NAGAR, GULBARGA-585103. 2. SRI. NEKKANTI SHRINIVAS S/O. THATAYYA MALIKARU, AGE. 56 YEARS, OCC. AGRICULTURE, TQ. GANGAVATHI, DIST. KOPPAL, CORRECTED NAME AND ADDRESS: SRI. SHRINIVAS NEKKUNTI, S/O. TATAYYA NEKKANTI, R/O. CHITRAGAR COLONY, 3RD BLOCK, KINHAL VILLAGE, TQ. DIST. KOPPAL. 3. SRI. NAGARAJ S/O. VEERAPPA SHIVASINPIGARA, AGE. 60 YEARS, OCC. AGRICULTURE /TELORE, R/O. KINNAL, TQ. DIST. KOPPAL, CORRECT ADDRESS AND NAME: SRI. NAGARAJ V. DODDAMANI S/O. VEERAPPA DODDA ONI, NAGSHATTIKOPPA, KESHWAPUR, HUBLI, KESHWAPUR, TQ. HUBLI, DIST. DHARWAD-580023. 4. SRI. VEERABADRAPPA S/O. VIRAPPA AGE. 65 YEARS, OCC. AGRICULTURE, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.22 12:18:40 +0530 - 2 - NC: 2025:KHC-D:3197 CRL.P No. 101918 of 2024 R/O. KINNAL, TQ. KOPPAL, CORRECT NAME AND ADDRESS: SRI. VEERANNA VEERAPPA DODDAMANI S/O. LATE VEERAPPA, R/O: KASHINATH KRUPA, 3RD PLOT, BAILAPANAVAR NAGAR, VTC HUBLI, TQ. HUBLI, DIST. DHARWAD-580023. 5. SRI. RAMAPPA S/O. THIMMAPPA AGE. 55 YEARS, OCC. TEACHER/AGRICULTURE, R/O. KINNAL, TQ. KOPPAL, CORRECT ADDRESS: R/O. NEAR BASAVANNA TEMPLE, WARD NO.30, HIRE- JANTAKAL, GANGAVATHI-583227, TQ. GANGAVATHI, DIST. KOPPAL. 6. SRI. MOUNASHA S/O. SAKRAPPA AGE. 44 YEARS, OCC. AGRICULTURE, R/O. KINNAL, TQ. DIST. KOPPAL-583230, CORRECT NAME AND ADDRESS: SRI. MOUESH S/O. SHANKRAPPA JALIHAL, 3RD WARD, NEAR KANAKAMMA TEMPLE, KINNAL VILLAGE, TQ. DIST. KOPPAL-583231. 7. SRI. GURUBASAPPA S/O. HALAPPA AGE. 65 YEARS, OCC. AGRICULTURE, R/O. KINNAL, TQ. DIST. KOPPAL-583230, CORRECT NAME AND ADDRESS: SRI. GURUBASAPPA S/O. DODDA HALAPPA HARIJANA, R/O. 3/90, 2ND WARD, MADINUR VILLAGE TQ. DIST. KOPPAL SINCE HE IS UNSOUND MIND R/BY HIS NEXT FRIEND AND GUARDIAN, SMT. LALITAVVA @ LALITAMMA W/O. KANAKAPPA AGASIMUNDINA, AGE. 55 YEARS, OCC. AGRICULTURE GURUBAVORI- 583230, R/O. MADINUR, TQ. KOPPAL. 8. SMT. HULIGEMMA D/O. HALAPPA AGE. 65 YEARS, OCC. HOUSE WIFE, R/O. KINNALA, TQ. KOPPAL-583230, CORRECT NAME AND ADDRESS: - 3 - NC: 2025:KHC-D:3197 CRL.P No. 101918 of 2024 SMT. HULIGEVVA D/O. DODDAHALAPPA HARIJAN, R/O. 63, MADINUR VILLAGE, TQ. DIST. KOPPAL. 9. SRI. BALAPPA S/O. BHARAMAPPA AGE. 76 YEARS, OCC. AGRICULTURE, R/O. KINNALA, TQ. KOPPAL-583230, CORRECT NAME AND ADDRESS: SRI. BALAPPA S/O. BHARAMAPPA AGASIMUNDIN, R/O. 3-11, 2ND WARD MADINUR VILLAGE, TQ. DIST. KOPPAL. 10. SMT. LALITAMMA W/O. KANAKAPPA AGE. 55 YEARS, OCC. AGRICULTURE, R/O. KINNALA, TQ. DIST. KOPPAL-583230, CORRECT NAME AND ADDRESS: SMT. LALITAVVA W/O. KANAKAPPA AGASIMUNDINA, R/O. 3-5, MADINUR VILLAGE, TQ. DIST. KOPPAL. …PETITIONERS (BY SRI. NEELENDRA.D.GUNDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MINES AND GEOLOGY, DEPARTMENT KOPPAL, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SRI. MAHESH D.S GEOLOGIST IN MINES AND GEOLOGY DEPARTMENT, KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 30.12.2023 PASSED BY THE CIVIL JUDGE AND JMFC, KOPPAL IN CC NO.71/2024 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 4(1), (1-A) MMDR ACT AND VIOLATION OF SECTION 21(1) AND 21(2) OF MMDR ACT AND VIOLATION OF RULE 44(1) OF MMRD RULES, AS AGAINST THE PETITIONER/ACCUSED NO.3 TO 11 AND 13 AND 14 ALLOW THE ABOVE CRIMINAL PETITION. - 4 - NC: 2025:KHC-D:3197 CRL.P No. 101918 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused is being prosecuted for the offence punishable under Section 4(1) and (1-A) of the MMDR Act, as well as for violations of Section 21(1) and 22(2) of the MMDR Act and Rule 44(1) of the MMDR Rules. The petitioner is before this Court seeking relief. 2. The respondent filed a private complaint under Section 200 Cr.P.C., stating that the petitioner illegally extracted sand without a valid license, failed to pay royalty to the government, and transported the sand unlawfully. 3. Heard the learned counsel for the parties. 4. The issue of whether the learned Magistrate can take cognizance of the aforesaid offences has been examined by a coordinate bench of this Court in Crl.P.No.100525/2017, wherein, at paragraphs 3 and 4, the following observations were made: "3. The provision under Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957, (‘the MMDR Act’, for short) confers special status on the Special Courts and the Governments have to establish Special Courts for the purpose of trying the offences under the MMRD Act. There is no doubt so far as the above aspect is concerned. Section 30B of the MMDR 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 - 5 - NC: 2025:KHC-D:3197 CRL.P No. 101918 of 2024 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 cocurrence of the High Court. (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.” 4. In view of the above said provision, in order to deal with the matters under the above said enactment, the Government has issued notification constituting Special Courts for the purpose of dealing with the offences under the MMRD Act. As per Section 30B of the MMDR Act, the Principal District and Sessions Judge of every district have been designated as the Special Judge. In view of Section 30B of the MMDR Act and the notification issued, as noted above, it is crystal clear that the Judicial Magistrates of First Class, have no right to entertain any complaint where the allegations fall under the MMDR Act or the Rules thereunder and with allied offences. The factual matrix of this case shows the Geologist- respondent No.3 ha filed a private complaint before the learned Civil Judge (Sr. Dn.) & Ranebennur, against the petitioner for the offences punishable u/S 4(1), 4(1-A) and 21 of MMRD Act, 1957 Rules 3(1), 36, 42, 44(1) of KMMCR Rules, 1994 and under Rules 3-B and 3-C of Karnataka Regulation of Stone Crushers Rules, 2012 read with Section 16(1) of Karnataka Regulation of Stone Crushers Act, 2011. The learned Civil Judge (Sr. Dn.) & JMFC, Ranebennur, after receiving the complaint ha taken cognizance and issued summons to the accused vide orders dated 02.11.2016 by regitering a Criminal Case in C.C. No. 692/2016. The said registration of the case in C.C. No. 692/2016. The said registration of the cae taking of cognizance and issuing of process is without jurisdiction by the Magistrate. In this background, as rightly submitted by the learned counsel for the petitioner, the learned JMFC could not have entertained the complaint, taken cognizance and issued summons to the - 6 - NC: 2025:KHC-D:3197 CRL.P No. 101918 of 2024 petitioners herein. Therefore, the said order requires to be quashed. The complaint averments discloses the specific allegations of petitioners having committed offences under Sections 4(1), 4(1A) of the MMDR Act, under Section 3(1), 36, 42 of the Karnataka Minor Mineral Concession Rules, 1994, under Section 3(1), 6-A(2) of the Karnataka Regulation of Stone Crushers Act, 2011, and under Section 3B and 3C of the Karnataka Regulation of Stone Crushers Rules, 2012." 5. In the present case the cognizance of the aforesaid offences is taken by the jurisdictional magistrate and not by the special court established under the MMDR Act, and under these circumstances, the continuation of the criminal proceedings would be an abuse of process of law. ORDER i. Accordingly, the criminal petition is allowed. ii. The impugned proceeding in C.C.No.71/2024 on the file of Civil Judge and JMFC, Koppal, insofar it relates to petitioners herein is hereby quashed, liberty is reserved with the respondents to initiate proceedings before the appropriate Court if permissible in law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 2 Sl No.: 4