- 1 - NC: 2025:KHC-D:932 WP No. 106205 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.106205 OF 2024 (GM-RES) BETWEEN: 1. MAHAMMED ASLAM S/O. RAHAMATH ULLAKHAN AGE. 35 YEARS, OCC. SELF EMPLOYED R/O. BUS DEPOT ROAD, MURUGERI OPP GAFAR KHAN MASZID, HOSAPETE DISTRICT. VIJAYANAGAR-583101. 2. SRINIVAS @ BANGARU SRINIVAS S/O. PONNASAMO MUTTI @ P MUTTU, AGE. 45 YEARS, OCC. SELF EMPLOYED, R/O. DOOR NO.1, NEAR MAREMMA TEMPLE, 16TH WARD, NISHANI CAMP T B DAM, HOSAPETE, DISTRICT. VIJAYANAGAR-583103. …PETITIONERS (BY SRI. SRINIVAS B NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH HOSAPETE RURAL POLICE STATION, DISTRICT. VIJAYANAGARA-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF Cr.P.C., PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE ENTIRE PROCEEDINGS IN CC NO.757/2015 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC HOSAPETE (CRIME NO.125/2014 OF HOSAPETE RURAL POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 379, 149 OF IPC AND UNDER SECTION 4(1), 4(1A), 21 OF MMDR ACT, 1957, VIDE ANNEXURE C AND D (IN SO FAR, THE PETITIONERS/ACCUSED NO. 7 AND 8 ARE B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:53 +0530 - 2 - NC: 2025:KHC-D:932 WP No. 106205 of 2024 CONCERNED) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners are before this Court challenging the proceedings in C.C. No.757/2015 registered for the offences punishable under Sections 379, 149 of the Indian Penal Code, 1860 and under Sections 4(1), 4(1A), 21 of the Mines and Minerals (Development And Regulation) Act, 1957. 2. Learned counsel for the petitioners submits that the issue in lis stands covered by the judgment rendered by this Court in the case of Yallappa S/o Ramappa Metri & another Vs. the State of Karnataka in W.P. No.101571/2022, disposed of on 19.04.2022, wherein the identical issues have been raised and have been answered in favour of the petitioners therein. This Court has held as follows: “Learned High Court Government Pleader accepts notice for respondent. 2. The FIR is registered against the petitioners for the offence punishable under Section 379 of IPC and under Section 4(1), 4(1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 alleging that the petitioners/accused were transporting the sand illegally without valid permit. Taking exception to the registration of the FIR, this petition is filed. 3. Learned counsel for the petitioners submit that Section 22 of the Act empowers the learned Magistrate to take cognizance for the offence punishable under the said Act only on a complaint in writing by the - 3 - NC: 2025:KHC-D:932 WP No. 106205 of 2024 authorized officer and as such the registration of the FIR against the petitioners is one without authority of law. 4. On the other hand learned High Court Government Pleader appearing for the respondent would submit that the petitioners having transported the sand illegal without permit have committed the aforesaid offence and as such the police have rightly registered the FIR against the petitioners. 5. I have considered the submission made by the learned counsel for the parties. 6. Section 22 of the Act specifies that the learned Magistrate can take cognizance for the offence punishable under the Act only on a complaint in writing by the authorized officer. Hence it is implied that the police have no authority to register the FIR and it is only on the complaint in writing by the authorized officer, the learned Magistrate can take cognizance and not on a report to be submitted by the police under Section 173 of the Cr.P.C. Hence registration of the FIR by the police is hit by the Section 22 of the Act. Accordingly, I pass the following: ORDER i) This petition is allowed. ii) The impugned first information report in Crime No.105/2021 registered by the Hospet Rural Police Station is hereby quashed. iii) The petitioners are at liberty to move the appropriate authority or the learned Magistrate seeking for release of vehicle which is alleged to have been seized by the police in the aforesaid crime. Respondent is at liberty to take appropriate action against the petitioner in accordance with law. iv) In view of disposal of the matter, pending interlocutory applications, if any, do not survive for consideration and are dismissed accordingly. - 4 - NC: 2025:KHC-D:932 WP No. 106205 of 2024 3. Learned High Court Government Pleader would not dispute the position of law as is observed in the aforesaid case referred supra. 4. Therefore, for the reasons rendered therein, the subject petition also deserves to succeed. Hence, the following: ORDER i) Accordingly, the writ petition is allowed. ii) The criminal proceedings in C.C. No.757/2015 pending on the file of the II Additional Civil Judge and JMFC, Hosapete, insofar as it relates to petitioners/accused Nos.7 & 8, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 49