- 1 - HC-KAR CNR: KAHC010417042026 NC: 2026:KHC:49346 CRL.P No. 8866 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 8866 OF 2026 BETWEEN: SRI. THOUSIF AHAMMED S/O ABDUL RAVOOF, AGED ABOUT 46 YEARS, RESIDENT OF MELAHALLI ROAD, AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT, PIN -573115. …PETITIONER (BY SRI RAVI KUMAR N R,ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY THE GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, HASSAN DISTRICT, HASSAN. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI NAGHARISH G S, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS REGISTERED AGAINST THE PETITIONER IN CC.NO.557/2024 ARISING OUT PCR.NO.49/2024, PENDING BEFORE THE HONBLE CIVIL JUDGE AND JMFC, BELUR, FOR THE OFFENCES P/U/S 4(1)(A),21(1) MMRD AND UNDER RULE 3(1),42,43 OF KMMCR RULES. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010417042026 NC: 2026:KHC:49346 CRL.P No. 8866 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and the High Court Government Pleader for the respondent- State. 2. This petition is filed to quash the proceedings in C.C. No.557/2024 before the JMFC, Belur for the offences punishable under Sections 4(1)(A), 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and under Rules 3(1), 42 and 43 of Karnataka Minor Minerals Concession Rules, 1994. 3. Learned counsel for the petitioner has referred to the first complaint dated 23.12.2021 and submits that the matter is pending before the JMFC, Belur in respect of the said complaint. It is submitted that the second complaint is filed on 27.06.2024 in respect of the same offence. 4. The Court has considered both the complaints. - 3 - HC-KAR CNR: KAHC010417042026 NC: 2026:KHC:49346 CRL.P No. 8866 of 2026 5. In the first complaint which it is alleged that the spot inspection was carried out on 10.11.2021 and the land was illegally excavated without obtaining permission and the petitioner has evaded the royalty. Thereafter, in the second complaint, it is alleged that there is further excavation of the land despite prohibitory orders against the petitioner. The second complaint also indicates the extent of the further excavation allegedly made by the petitioner. 6. Learned counsel for the petitioner would submit that in the mahazar permission granted to petitioner is referred to. 7. The Court is of the view that reference to permission in the mahazar cannot be treated as a permission in the eye of law. If at all there is a permission, the petitioner has to produce the same. 8. Under these circumstances, it cannot be said that the second complaint is on the same cause of action as the first one. The matter requires investigation. - 4 - HC-KAR CNR: KAHC010417042026 NC: 2026:KHC:49346 CRL.P No. 8866 of 2026 9. The petition is dismissed. 10. Nothing is expressed on the merits of the matter or contentions of the second complaint. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 33 ...