- 1 - HC-KAR NC: 2025:KHC-D:9550 CRL.P No. 103570 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103570 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI BASANAGOUDA S/O NAGANGOUDA NAGANGOUDAR, AGE: 51 YEARS, OCC: BUSINESS, R/O: GANDHI NAGAR, BILAGI, TQ: BILAGI, DIST: BAGALKOT. 2. SHRI VIVEK S/O VASANT KAKAREDDY, AGE: 49 YEARS, OCC: BUSINESS, R/O: SIDDARAMESHWAR COLONY, W.NO.5, MUDHOL, DIST: BAGALKOT. … PETITIONERS (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001. 2. SHRI SALEEM MULLA, AGE: 23 YEARS, OCC: GEOLOGIST, OFFICE OF DEPUTY DIRECTOR, MINES AND GEOLOGY DEPARTMENT, SANGAMESHWAR NAGAR, BELAGAVI-590 010. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR. P.C., 1973, PRAYING TO SET ASIDE THE ORDER DATED 25.08.2022 PASSED BY THE IV ADDITIONAL DISTRICT AND Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9550 CRL.P No. 103570 of 2022 SESSIONS JUDGE AND SPECIAL JUDGE FOR MM (DR) ACT CASES, BELAGAVI AT BELAGAVI IN SPL. CASE NO.02/2021 PRODUCED VIDE DOCUMENT NO.7, FILED BY THE PRESENT PETITIONERS/ACCUSED NO.1 AND 2 HEREIN AND THEREBY ALLOWING THE APPLICATION FILED UNDER SECTION 227 OF CR.P.C., BY THE PRESENT PETITIONERS/ACCUSED NO.1 AND 2 PUNISHABLE UNDER SECTIONS 4(1), 4(1)(A) R/W 21 AND 22 OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957 AND RULE 44(1A), 44(2) OF KMMC RULES, 1994. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioners submits that inadvertently he has filed this petition under Section 482 of Cr.P.C. instead of filing appeal provided under Section 30B(4) of the Mines And Minerals (Development And Regulation) Act, 1957. He submits that this petition may be dismissed as not pressed with liberty to the petitioners to prefer an appeal provided under the aforesaid provision of law. 2. Submission is placed on record. - 3 - HC-KAR NC: 2025:KHC-D:9550 CRL.P No. 103570 of 2022 3. Petition is dismissed as not pressed with liberty as prayed for. 4. Registry is directed to return certified copy of the petition after retaining photostat copy of the same. 5. All contentions urged are kept open. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 44