- 1 - NC: 2025:KHC-D:2352 CRL.P No. 101113 of 2023 C/W CRL.P No. 103392 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101113 OF 2023 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103392 OF 2023 IN CRL.P. NO.101113 OF 2023: BETWEEN: 1. NAGANAGOUDA S/O. LACHMANAGOUDA AGE. 40 YEARS, OCC. AGRICULTURE, R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231. 2. RAYANAGOUDA S/O. LACHMANAGOUDA AGE. 43 YEARS, OCC. AGRICULTURE (NOW APP), R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231. 3. RAMANAGOUD S/O. LACHMANAGOUDA AGE. 45 YEARS, OCC. AGRICULTURE, R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231. 4. VEERUPANAGOUDA S/O. HANUMANAGOUDA AGE. 42 YEARS, OCC. COOLIE, R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231. …PETITIONERS (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. THE STATE OF KARNATAKA R/BY SAYYAD FAZIL, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:45 +0530 - 2 - NC: 2025:KHC-D:2352 CRL.P No. 101113 of 2023 C/W CRL.P No. 103392 of 2023 OCC. SCIENTIST, M.M.R.D., KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE PRIVATE COMPLAINT NO.369/2020 AND ALL FURTHER PROCEEDINGS IN CC.NO.188/2020 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND J.M.F.C. AT. GANGAVATI FOR PUNISHABLE U/S. 21(1) AND 21(2) OF MMRD ACT, 1967 IN SO FAR AS PETITIONERS/ACCUSED NO.14 TO 16 AND 18 IS CONCERNED. IN CRL.P. NO.103392 OF 2023: BETWEEN: RAMANAGOUD S/O. LACHMANAGOUDA AGE. 46 YEARS, OCC. AGRICULTURE, R/O. BUNNATTI, TQ. KANAKAGIRI DIST. KOPPAL-583231. …PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE BUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA -580001. 2. THE STATE OF KARNATAKA R/BY ROOPA C.H, OCC. GEOLOGIST MINES AND GEOLOGY DEPARTMENT, KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE PRIVATE COMPLAINT NO. 369/2020 AND ALL FURTHER PROCEEDINGS IN SPL.C.(MMRD) NO.09/2022 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT KOPPAL FOR OFFENCE P/U/SEC. 21(1) AND 21(2) OF MMRD ACT, 1967 IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED. - 3 - NC: 2025:KHC-D:2352 CRL.P No. 101113 of 2023 C/W CRL.P No. 103392 of 2023 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Since the issue involved in these petitions is similar, they are taken up together, heard, and disposed of by a common order. 2. In these petitions, the respondent has filed a private complaint under Section 200 of Cr.P.C., alleging that the petitioners, who are the owners of agricultural lands, extracted sand and transported it without obtaining a license from the competent authority, intending to sell it in the open market for unlawful gain. 3. Upon perusal of the complaint, the learned Magistrate took cognizance of the offence under Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, “MMRD Act”). 4. Section 4(1A) of the MMRD Act states that no person shall transport or store, or cause to be transported or stored, any mineral except in accordance with the provisions of the Act and the rules made thereunder. 5. Section 21(1) of the MMRD Act deals with penalties and states that whoever contravenes the provisions of sub-section (1) or sub-section (1A) of Section 4 shall be punished with imprisonment for a term that may extend to two years, or with a fine that may extend to twenty-five thousand rupees, or with both. - 4 - NC: 2025:KHC-D:2352 CRL.P No. 101113 of 2023 C/W CRL.P No. 103392 of 2023 6. Section 22 of the MMRD Act states that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder, except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. 7. Section 30B of the MMRD Act deals with the constitution of Special Courts and states that the State Government may, for the purpose of providing a speedy trial of offences related to the contravention of sub-section (1) or sub-section (1A) of Section 4, constitute a Special Court by notification. 8. Therefore, contravention of Section 4(1A) falls under the purview of Section 21 of the MMRD Act, and a Special Court constituted under Section 30B of the Act has exclusive jurisdiction. Consequently, no jurisdictional Magistrate can take cognizance of offences relating to the contravention of Section 4(1A). 9. In Crl.P. No.101113/2023, the learned Magistrate has taken cognizance and issued summons. In Crl.P. No.103395/2023, the learned Magistrate has taken cognizance of the offence and subsequently made over the complaint to the Principal District Court, Koppal. Therefore, the cognizance taken by the learned Magistrate and the transfer of the case to the learned Sessions Judge stand vitiated. 10. In view of the specific provisions contained in Section 30B of the Act, the criminal petitions are allowed. - 5 - NC: 2025:KHC-D:2352 CRL.P No. 101113 of 2023 C/W CRL.P No. 103392 of 2023 11. The impugned proceedings in Spl.C.(MMRD) No.9/2022 pending before the Principal District and Sessions Judge, Koppal, for the offence punishable under Sections 21(1) and 21(2) of the MMRD Act, insofar as they relate to accused No.1, are hereby quashed in Crl.P. No.103395/2023. 12. The impugned proceedings in C.C. No.188/2020 pending before the Additional Civil Judge and JMFC, Gangavathi, for the offence punishable under Sections 21(1) and 21(2) of the MMRD Act, insofar as they relate to petitioners-accused Nos.14 to 16, are hereby quashed in Crl.P. No.101113/2023. 13. Liberty is reserved to the respondents to file a fresh complaint before the appropriate Court in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 55