- 1 - NC: 2025:KHC-D:3537 CRL.P No. 102770 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102770 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT. V.C.MALLADAD W/O. CHANNAPPA MALLADAD, AGE. 46 YEARS, OCC. BUSINESS, R/O. KALLIHAL, TQ. DIST. HAVERI-581110. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, 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/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/SEC. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENIRE PROCEEDINGS AND THE ORDER DATED 20.09.2023 IN C.C.NO. 537/2023 PASSED BY THE CIVIL JUDGE AND JMFC COURT MUNDARGI, FOR THE OFFENCE P/U/SEC. 44(1), 44(2) AND 44(4) OF KARNATAKA MINOR MINERAL CONCESSION RULES 1994 AND SEC. 21(1) AND 21(2) OF MINES AND MINERAL (DEVELOPMENT AND REGULATION) ACT 1957. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:30 +0530 - 2 - NC: 2025:KHC-D:3537 CRL.P No. 102770 of 2024 ORAL ORDER 1. The petitioner in this petition 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. 2. Respondent filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.) alleging that the petitioner, 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 petitioner had extracted sand and stocked it in a stockyard. He was 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, amounting to a violation of the Karnataka Minor Mineral Concession Rules and the Mines and Minerals (Development and Regulation) Act. 4. Learned counsel for the petitioner 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 petitioner’s stockyard. It was contended that the complaint based on the first - 3 - NC: 2025:KHC-D:3537 CRL.P No. 102770 of 2024 and second surveys is redundant and that the petitioner cannot be prosecuted based on outdated information. 5. Learned Additional Government Advocate for Respondent-State argued that the first and second surveys revealed a shortage of extracted sand. It was further argued that the allegations against the petitioner constitute offences under the relevant provisions and sought the dismissal of the petition. 6. The arguments advanced by learned counsel for the parties have been duly considered. 7. The petitioner has 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 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. ORDER i) The petition is allowed. - 4 - NC: 2025:KHC-D:3537 CRL.P No. 102770 of 2024 ii) The impugned proceedings in C.C.No.537/2023 pending on the file of the learned Civil Judge and JMFC Court, Mundargi, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 151