- 1 - HC-KAR NC: 2026:KHC:6024 CRL.P No. 5143 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5143 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR. C.M. JOY, S/O G.J. MICHEL, AGED ABOUT 76 YEARS, KIRAN NIVAS, MALA GRAMA, KARKALA TALUK, UDUPI DISTRICT - 574 122. 2. DILIP SUVARNA S/O PRABHAKAR POOJARY, AGED ABOUT 35 YEARS, DILIP NIVASA, AKKAJE, NOORALBETTU, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6024 CRL.P No. 5143 of 2023 KARKALA TALUK, UDUPI DISTRICT - 574 107. …PETITIONERS (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: THE GOVERNMENT OF KARNATAKA REPRESENTED BY SUSHMA SHASHI B. GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, MANGALORE, D.K. DISTRICT - 575 001. …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 26.07.2022 PASSED BY THE CIVIL JUDGE AND JMFC AT MOODABIDRI, D.K. DISTRICT, IN C.C.NO.789/2022 (PCR NO.2/2022 FOR THE ALLEGED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 4(1), 9, 21, 23(c) OF MMRD ACT, 1957 AND SECTIONS 3(1), 36(3), 42(1), 43(A) AND 44 OF KARNATAKA MINES AND MINERALS RULES AND REGULATION, 1994. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6024 CRL.P No. 5143 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the proceedings in C.C.No.789/2022 registered for offences punishable under Sections 4(1), 9, 21, 23(c) of the MMRD Act, 1957 and under Sections 3(1), 36(3), 42(1), 43(A) and 44 of the Karnataka Mines and Minerals Rules and Regulation, 1994. 2. Heard Sri. Balakrishna M.R., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP, appearing for the respondent and have perused the material on record. 3. Facts in brief, germane, are as follows: The petitioners are accused Nos.1 and 2, the owner of the stone crushing unit and the driver of the vehicle. Petitioner No.1 is said to be holder of a licence of stone crushing and is carrying on his business at a particular place. It transpires that the property that abuts the stone crushing unit of petitioner No.1, there are some illegal mining activities being carried out. - 4 - HC-KAR NC: 2026:KHC:6024 CRL.P No. 5143 of 2023 In that light, the acts of suspicion falls on the petitioners and a private complaint comes to be registered by the Competent Authority in PCR No.2/2021, upon which, the cognizance is taken and C.C.No.789/2022 is registered. The registration of C.C.No.789/2022 is what has driven these petitioners to this Court in the subject petition. 4. Learned counsel appearing for the petitioners would take this Court through the very complaint, which forms the basis of registration of a crime, in which, the people of the village surrounding appeared to have participated in the spot mahazar and indicate that no illegal stone crushing activities has taken place at the place where petitioner No.1 is running his stone crushing unit. Therefore, the learned counsel submits that if that be the basis of the complaint, which is the complaint becomes a matter of suspicion. On suspicion, these petitioners cannot be permitted to be prosecuted is his submission. 5. Therefore, accepting the submissions of the learned counsel appearing for the petitioners that on the say of the people in the village that no illegal crushing activities have taken place during the said period, I deem it appropriate to - 5 - HC-KAR NC: 2026:KHC:6024 CRL.P No. 5143 of 2023 obliterate the crime, however, reserving liberty to the State to take appropriate action in accordance with law, if need arises in future on material against the petitioners. The quashment of the present crime will thus not come in the way of any action in future. Liberty is reserved to these petitioners to knock at the doors of the appropriate fora in the event any action is taken. 6. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is allowed. (ii) Proceedings in C.C.No.789/2022 (PCR No.2/2021) pending before the Civil Judge and JMFC, Moodabidri, stand quashed qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 29