- 1 - NC: 2025:KHC-D:1919 CRL.P No. 102458 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102458 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. APPASI S/O. BASAPPA ALABAL AGED. 39 YEARS, OCC. AGRICULTURE, R/O. KANKANAWADI, TQ. JAMKHANDI, DIST. BAGALKOT-587119. 2. SANTAPPA S/O. SANTAVVA MANG AGED. 47 YEARS, OCC. AGRICULTURE, R/O. KANKANAWADI, TQ. JAMKHANDI, DIST. BAGALKOT-587119. 3. MALLAPPA S/O. SANGAPPA ALABAL AGED. 42 YEARS, OCC. AGRICULTURE, R/O. KANKANAWADI, TQ. JAMKHANDI, DIST. BAGALKOT-587119. 4. HANAMANT S/O. RUKAMAVVA MELAGADE AGED. 36 YEARS, OCC. AGRICULTURE, R/O. KANKANAWADI, TQ. JAMKHANDI, DIST. BAGALKOT-587119. 5. HANAMANT S/O. MUREPPA DYAMANNVAR AGED. 39 YEARS, OCC. AGRICULTURE, R/O. KANKANAWADI, TQ. JAMKHANDI, DIST. BAGALKOT-587119. …PETITIONERS (BY SRI. GIRISH A.YADAWAD, ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:47 +0530 - 2 - NC: 2025:KHC-D:1919 CRL.P No. 102458 of 2023 AND: 1. STATE OF KARNATAKA R/BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH PSI, JAMKHANDI RURAL POLICE STATION, DIST. BAGALKOT-587301. 2. PRASHANT S. CHANGOND AGED 47 YEARS, OCC. GOVT. OFFICIAL GAZETTED, TAHSILDAR, JAMKHANDI, DIST. BAGALKOT-587301. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.318/2020 REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 379 OF IPC, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, JAMKHANDI, IN SO FAR AS THE PETITIONERS (ACCUSED NOS.2, 4 TO 7) IS CONCERNED. 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 petitioners are being prosecuted for the offense punishable under Section 379 of the Indian Penal Code, 1860 (“IPC”). 2. The case of the prosecution is that, upon receiving credible information that the petitioners had accumulated illegally mined sand, a raid was conducted at the location where the mined sand was allegedly stacked. The prosecution alleges that the - 3 - NC: 2025:KHC-D:1919 CRL.P No. 102458 of 2023 petitioners stacked the mined sand without obtaining the necessary permit, as required under the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”) and the Karnataka Minor Mineral Concession Rules, 1994 (“KMMC Rules”). The learned Magistrate, after accepting the charge sheet, took cognizance of the offense punishable under Section 379 of the IPC. Aggrieved by the same, the petitioners have filed the present petition. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1/State. 4. The issue of whether cognizance can be taken in cases involving illegally mined sand stacked without a valid license has been examined by this Court in Crl.P.No.100936/2022, wherein it was held that only the Special Court established under the MMDR Act is competent to take cognizance of offenses punishable under the MMDR Act and KMMC Rules. 5. Admittedly, the petitioners are alleged to have contravened the provisions of the KMMC Rules by stacking illegally mined sand on their property, which constitutes an offense under the MMDR Act. However, cognizance has been taken solely based on the final report submitted by the police, despite the fact that the trial court lacks jurisdiction to take cognizance of such offenses. 6. Under these circumstances, the continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: - 4 - NC: 2025:KHC-D:1919 CRL.P No. 102458 of 2023 ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.318/2020 pending on the file of the Additional Civil Judge and JMFC, Jamkhandi, insofar as it relates to the petitioners – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 3 Sl No.: 4