- 1 - HC-KAR NC: 2025:KHC:36389 CRL.P No. 12029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12029 OF 2025 BETWEEN: KAVITHA SHETTY C/O RAJESH SHETTY AGED ABOUT 48 YEARS R/AT KANNUR VILLAGE, MANGALORE TALUKU - 575007. …PETITIONER (BY SRI. SHREYAS S K., ADV.) AND: THE STATE OF KARNATAKA GEOLOGIST DEP. OF MINES AND GEOLOGY MANGALORE, D.K DISTRICT - 575007. REP. BY STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT BUILDINGS BANGALORE - 560001 …RESPONDENT (BY SRI. RAHUL RAI, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.892/2024 REGISTERED BY THE RESPONDENT THE STATE, REPRESENTED BY GEOLOGIST MINES AND MINERALS DEPARTMENT, MANGALURU PENDING ON THE FILE OF THE JMFC VII COURT, MANGALURU D.K., FOR THE OFFENCE P/US/ 200 MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT 2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36389 CRL.P No. 12029 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned counsel for the petitioner. 2. In the present case, it is evident from the records that the learned Magistrate has not even taken cognizance of the offences alleged in the complaint, but has, at a preliminary stage, referred the matter to the Lok Adalath. Though this Court finds that certain submissions advanced by the learned counsel for the petitioner merit consideration, the judgment relied upon by the petitioner makes it clear that the proposition laid down therein applies only in cases where cognizance has already been taken by the Magistrate. In that case, the view expressed was that, instead of proceeding further, the Magistrate ought to remit the matter to the Special Court constituted under the statute. 3. In the case on hand, having regard to the fact that the alleged offences are punishable under the provisions of the Mines and Minerals (Development and Regulation) Act (MMRD Act), and the complaint has been lodged before the learned - 3 - HC-KAR NC: 2025:KHC:36389 CRL.P No. 12029 of 2025 Magistrate, this Court is of the considered opinion that the ends of justice would be met if appropriate directions are issued to the Magistrate to forthwith place the matter before the Special Judge, as contemplated under Section 30(B) of the MMRD Act, for disposal in accordance with law. 4. In light of the foregoing discussion, this Court proceeds to pass the following: ORDER i. The petition is hereby allowed. ii. The order taking cognizance and the entire proceedings in C.C. No.892/2024, pending on the file of the JMFC, VII Court, Mangaluru, Dakshina Kannada District, are hereby set aside. iii. The matter is remitted to the learned Trial Magistrate with a direction to take appropriate steps to commit the case to the Special Judge having jurisdiction under the MMRD Act, so - 4 - HC-KAR NC: 2025:KHC:36389 CRL.P No. 12029 of 2025 that the matter may be dealt with in accordance with law and on its own merits. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSB