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High Court of Karnataka · body

2026 DAILYLAW 49445 (KAR)

THIMMANNA v. STATE OF KARNATAKA

CRL.P/9294/2023 · 2026-02-03

M Nagaprasanna

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS 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. 9294 OF 2023 C/W CRIMINAL PETITION NO. 1208 OF 2022 CRIMINAL PETITION NO. 1414 OF 2022 CRIMINAL PETITION NO. 3562 OF 2022 CRIMINAL PETITION NO. 3588 OF 2022 CRIMINAL PETITION NO. 9434 OF 2023 IN CRL.P No. 9294/2023 BETWEEN: 1. THIMMANNA S/O THIMMANNA T., AGED 60 YEARS, R/O KAPILAHATTI VILLAGE HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. 2. ERAMMA D/O PUTTEERAPPA AGED 65 YEARS R/O GOLLAHALLI VILLAGE, HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS 3. OBALESH S/O RAMACHANDRAPPA, AGED 33 YEARS, R/O GOLLAHALLI VILLAGE, HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. 4. AVIJITH BYANARJI S/O AJOY KUMAR BANARJI, AGED 50 YEARS, CHIEF PROJECT MANAGER, P AND C INFRATECH COMPANY LTD., GOLLAHALLI VILLAGE, HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. 5. YALLAMANCHANAHALLI PRAVEEN S/O YELLAMANCHANAHALLI JAGANNATHA RAO, AGED 41 YEARS, PROJECT MANAGER, P AND C INFRATECH COMPANY LTD., GOLLAHALLI VILLAGE, HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. 6. ABDUL KHADAR JEELAN @ JEELAN S/O LATE MOHAMMED IBRAHIM, LIASONING IN P AND C INFRATECH COMPANY LTD., GOLLAHALLI VILLAGE, HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. 7. THIMMESHA K.R., S/O NIYAGI RAMAPPA, AGED 51 YEARS, - 3 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS R/O NO 1183/D-4, WATER TANK ROAD, NEAR GANGAPARAMESHWARI TEMPLE, BEGUR, BENGALURU CITY. …PETITIONERS (BY SRI. SHIVA KUMAR K.B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY IMANGALA POLICE STATION, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT, REPRESENTED BY ITS SPP HIGH COURT BUILDING BENGALURU – 01. 2. MANJUNATH A., SUB-INSPECTOR OF POLICE BY IMANGALA POLICE STATION HIRIYUR TALUK – 577 598 CHITRADURGA DISTRICT. 3. ULFATH ZAIBAJ ASSISTANT DIRECTOR OF AGRICULTURE AGRICULTURE DEPARTMENT HIRIYUR TOWN – 577 598 CHITRADURGA DISTRICT KARNATAKA. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO i) QUASH THE PROCEEDINGS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HIRIYUR, CHITRADURGA, IN - 4 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS C.C.NO.92/2023 DATED 24.02.2023 PRODUCED AT ANNEXURE- A, FOR THE OFFENCES P/U/S 379 AND 420 OF IPC AND ETC., IN CRL.P NO. 1208/2022 BETWEEN: 1. SRI T.SIDDESHWARA S/O SRI THIPPANNA AGED ABOUT 56 YEARS, R/AT NO.27/1, 1ST MAIN MUNIHANUMAIAH LAYOUT LOTTE GOLLAHALLI BENGALURU NORTH TALUK BENGALURU – 560 094. 2. SRI T.ASHOK S/O SRI THIPPANNA AGED ABOUT 54 YEARS, R/AT BARAMAGIRI VANIVILASAPURA, HIRIYUR TALUK CHITRADURGA – 577 599. ...PETITIONERS (BY SRI GANAPATHY BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINES AND GEOLOGY DEPARTMENT REPRESENTED BY ITS SENIOR GEOLOGIST CHITRADURGA – 577 501. ...RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO - 5 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS QUASH THE PROCEEDINGS IN C.C.NO.2548/2021, REGISTERED ON THE BASIS OF PRIVATE COMPLAINT FILED BY THE RESPONDENT AUTHORITY OFFENCE ALLEGED UNDER SEC.21(4) AND 22 OF MMDR ACT AND RULE 43, 43(a) AND 44 OF KMMC RULES, AMENDED AND SUBSEQUENT DATES ON THE FILE OF PENDING BEFORE THE SENIOR CIVIL JUDGE AND J.M.F.C AT HIRIYUR, CHITRADURGA DISTRICT AND ETC. IN CRL.P NO. 1414/2022 BETWEEN: 1. SRI BHAGAVATHI GREET UDYOG REPRESENTED BY ITS PROPRIETOR SRI NARAYAN CHITTARMAL AGARWAL S/O SRI CHITTARMAL AGARWAL AGED ABOUT 56 YEARS R/AT KHOLESHWARA ROAD KHOLESHWAR, KHOLESHWAR MANDIR JAWAL AKOLA MAHARASTRA – 444 001. 2. SRI AVIJIT BANERJEE S/O SRI AJAY KUMAR BENERJEE AGED ABOUT 54 YEARS R/AT FLAT NO.2302 KANAKAPURA MAIN ROAD NEAR KSIT COLLEGE RAGHUVANAHALLI BENGALURU SOUTH TALUK – 560 062 REPRESENTED BY ITS GENERAL MANAGER PNC INFRATECH LIMITED SY.NOS.52/2 TO 52/16 GOLAHALLI VILLAGE YARABALLI POST - 6 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS HIRIYUR TALUK CHITRADURAGA DISTRICT – 577 545. 3. PNC INFRATECH LIMITED COMPANY SY.NOS. 52/2 TO 52/16 GOLAHALLI VILALGE YARABALLI POST, HIRIYUR TALUK CHITRADURGA DISTRICT – 577 545 REPRESENTED BY ITS PROJECT MANAGER SRI YELAMANCHILI PRAVEEN S/O SRI YALAMANCHILI JAGANNADHA RAO AGED ABOUT 41 YEARS R/AT HNO.12-89, SRI SAI NAGAR PENDURTHI MANDALAM CHINAMUSHIDIVADA SUJATHA NAGAR, VISHAKHAPATNAM ANDHRA PRADESH – 530 051. ...PETITIONERS (BY SRI. GANAPATHY BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINES AND GEOLOGY DEPARTMENT REPRESENTED BY ITS SENIOR GEOLOGIST CHITRADURGA – 577 501. ...RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.2548/2021, REGISTERED ON THE BASIS OF PRIVATE COMPLAINT FILED BY THE RESPONDENT AUTHORITY OFFENCE ALLEGED UNDER SEC.21(4) AND 22 OF MMDR ACT AND RULE 43, - 7 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS 43(a) AND 44 OF KMMC RULES, 1994, AMENDED 2016 AND SUBSEQUENT DATES ON THE FILE PENDING BEFORE THE SENIOR CIVIL JUDGE AND J.M.F.C AT HIRIYUR, CHITRADURGA DISTRICT AND ETC. IN CRL.P NO. 3562/2022 BETWEEN: 1. SRI THIMMANNA S/O THIMMANNA, AGED ABOUT 63 YEARS, R/O HARTHIKOTE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT KARNATAKA – 577 545. 2. SRI A.BANERJEE AUTHORIZED REPRESENTAIVE OF M/S PNC INFRASTRUCTURE LTD., AGED ABOUT 54 YEARS, HAVING OFFICE AT SY.NO.52/2 TO 52/16, GOLLAHALLI VILLAGE, YARABHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA – 577 545. 3. M/S PNC INFRASTRUCTURE LTD., HAVING OFFICE AT SY.NO.52/2 TO 52/16, GOLLAHALLI VILLAGE, YARABHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA – 577 545, REPRESENTED BY SRI Y.PRAVEEN (PRAVEEN) AUTHORISED SIGNATORY. ...PETITIONERS (BY SRI. SHIVA KUMAR K.B., ADVOCATE) - 8 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS AND: 1. STATE OF KARNATAKA THROUGH DEPARTMENT OF MINES AND GEOLOGY, CHITRADURGA, REPRESETNED BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ...RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1.QUASH THE COMPLAINT BEARING C.C.NO.2873/2021 PREFERRED BY RESPONDENT HEREIN BEFORE THE HON’BLE ADDL.CIVIL JUDGE AND J.M.F.C HIRIYUR, CHITRADURGA WHEREIN THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 3 FOR THE ALLEGED OFFENCE UNDER SEC.24(A) AND 22 OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION ) ACT, 1957 AND RULE 43, 43-A AND 44 OF THE KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 AND ETC., IN CRL.P NO. 3588/2022 BETWEEN: 1. SMT.EERAMMA W/O OBANNA AGED ABOUT 70 YEARS, R/O GOLLAHALLI VILLAGE, YARABHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA – 577 545. - 9 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS 2. SRI OBALESH R., S/O RAMACHANDRAPPA AGED ABOUT 36 YEARS, R/O GOLLAHALLI VILLAGE, YARABHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA – 577 545. 3. SRI A.BANERJEE AUTHORIZED REPRESENTATIVE OF M/S.PNC INFRASTRUCTURE LTD., AGED ABOUT 54 YEARS, HAVING OFFICE AT: SY.NO.52/2 TO 52/16 GOLLAHALLI VILLAGE, YARABHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA – 577 545. 4. M/S. PNC INFRASTRUCTURE LTD., HAVING OFFICE AT SY.NO.52/2 TO 52/16, GOLLAHALLI VILLAGE, YARABHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA – 577 545 REPRESENTED BY SRI PRAVEEN PROJECT MANAGER. ...PETITIONERS (BY SRI SHIVA KUMAR K.B., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH DEPARTMENT OF MINES AND GEOLOGY, CHITRADURGA REPRESENTED BY STATE PUBLIC PROSECUTOR - 10 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS HON’BLE HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ...RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO i. QUASH THE COMPLAINT BEARING C.C.NO.2872/2021 PREFERRED BY RESPONDENT HEREIN BEFORE THE HONOURABLE ADDITIONAL CIVIL JUDGE AND J.M.F.C., HIRIYUR, CHITRADURGA WHEREIN THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 4 FOR THE ALLEGED OFFENCE P/U/S 21(4) OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 AND RULE 43, 43(a) AND 44 OF THE KARNATAKA MINOR MINERAL CONCESSIONS RULES AND ETC., IN CRL.P NO. 9434/2023 BETWEEN: 1. SIDDESHWARA T., S/O THIPPANNA, AGED ABOUT 56 YEARS, R/O HALAGALAKUNTE VILLAGE, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. 2. ASHOK T., S/O TIPPANNA, AGED ABOUT 53 YEARS, R/O HALAGALAKUNTE VILLAGE, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. 3. AVIJITH BANERJEE AGED ABOUT 50 YEARS, - 11 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS FATHER'S NAME NOT KNOWN, C/O P.N.C. INFRATECH LTD. CO., GOLLAHALLI VILLAGE, IMANGALA HOBLI, HIRIYUR TALUK-577598, CHITRADURGA DISTRICT. 4. YALLAMANCHANAHALLI PROVEOW AGED ABOUT 39 YEARS, FATHER'S NAME NOT KNOWN, C/O P.N.C INFRATECH LTD., CO., GOLLAHALLI VILLAGE, IMANGALA HOBLI, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. 5. ZILANI B., AGED ABOUT 26 YEARS, FATHER'S NAME NOT KNOWN, C/O P.N.C. INFRATECH LTD. CO., GOLLAHALLI VILLAGE, IMANGALA HOBLI, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. 6. NOROYOW .C AGARWAL AGED ABOUT 58 YEARS, FATHER'S NAME NOT KNOWN, C/O P.N.C. INFRATECH LTD. CO., GOLLAHALLI VILLAGE, IMANGALA HOBLI, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. - 12 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS 7. A.N.C PRIVATE CO. LTD., MEMBERS, GOLLAHALLI VILLAGE, IMANGALA HOBLI, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. ...PETITIONERS (BY SRI SHIVA KUMAR K.B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RURAL POLICE STATION, HIRIYUR TALUK – 577 598, CHITRADURGA DISTRICT. BY SPP HIGH COURT BUILDING BENGALURU – 01 2. SRI PARAMESHA D.G., SUB-INSPECTOR OF POLICE, RURAL POLICE STATION, HIRIYUR – 577 598, CHITRADURGA DISTRICT. 3. ULFATH ZAIBAJ ASSISTANT DIRECTOR OF AGRICULTURE, AGRICULTURE DEPARTMENT, HIRIYUR TOWN – 577 598, CHITRADURGA DISTRICT, KARNATAKA. ...RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO - 13 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS A. QUASH THE CHARGE SHEET AND PROCEEDINGS PENDING BEFORE THE HON’BLE SENIOR CIVIL JUDGE AND JMFC HIRIYUR IN C.C.NO.53/2023 DATED 13.02.2023 PRODUCED AT ANNEXURE-S, FOR THE OFFENCES P/U/S.379 AND 420 OF IPC 1860 AND ETC., THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.9294/2023, the petitioners are before this Court seeking the following prayers: "Wherefore, for the grounds urged above, it is prayed that this Hon'ble Court may kindly be pleased to: (i) Call for LCR (ii) Quash the proceedings pending before the Hon'ble Principal Civil Judge & JMFC Hiriyur, Chitradurga, in C.C. No.92/2023 dated 24-02-2023 produced at Annexure-A, for the offences punishable under Section 379 and 420 of Indian Penal Code, 1860, in the interest of equity and justice. (iii) Quash the Charge Sheet in Crime No. 36/2021, C.C. No. 92/2023 dated 24-03-2021 produced at Annexure-D, filed under the provisions of Section 379, 420, Section 4, 4A, 21 (1) of MMDR Act, 1957 and under Rule 44 of KMMCR 1994, pending before the Additional Civil Judge (Jr.Dn.) & JMFC Court, Hiriyur, Chitradurga, in the interest of equity and justice. - 14 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS (iv) Quash the First Information Report registered in Crime No. 0036/2021 dated 24-03-2021 produced at Annexure-C, pending before Additional Civil Judge (Jr.Dn.) & JMFC Court, Hiriyur, Chitradurga, in the interest of equity and justice and; (v) Quash the complaint filed by the 3rd Respondent produced at Annexure-B in No. SaKraNi/Hiri/Tham- 1/Jameenu Samathattu/Anumatiraddu/711/2020-21/770 Dated 24-03-2021, in the interest of equity and justice. Pass such other order or issue such other direction as deemed fit and proper and such other relief, in the interest of equity and justice." 2. In Crl.P.No.1208/2022, the petitioners are before this Court seeking the following prayers: "Quash the Proceedings in C.C.No.2548/2021, registered on the basis of private complaint filed by the respondent authority offence alleged under Section 21 (4) and 22 of MMDR Act, and Rule 43, 43 (a) and 44 of KMMC Rules, 1994, amended 2016 and subsequent dates on the file of pending before the Senior Civil Judge and JMFC at Hiriyur, Chitradurga District, in the interest of justice and equity. Call for the entire records in C.C. No.2548/2021, on the file of pending before the Senior Civil Judge and JMFC at Hiriyur, Chitradurga District, in the interest of justice and equity. Grant such other further relief's as this Hon'ble Court may be deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 3. In Crl.P.No.1414/2022, the petitioners are before this Court seeking the following prayers: - 15 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS "Quash the Proceedings in C.C.No.2548/2021, registered on the basis of private complaint filed by the respondent authority offence alleged under Section 21 (4) and 22 of MMDR Act, and Rule 43, 43 (a) and 44 of KMMC Rules, 1994, amended 2016 and subsequent dates on the file of pending before the Senior Civil Judge and JMFC at Hiriyur, Chitradurga District, in the interest of justice and equity. Call for the entire records in C.C. No.2548/2021, on the file of pending before the Senior Civil Judge and JMFC at Hiriyur, Chitradurga District, in the interest of justice and equity. Grant such other further relief's as this Hon'ble Court may be deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 4. In Crl.P.No.3562/2022, the petitioners are before this Court seeking the following prayers: "WHEREFORE it is prayed that this Hon'ble Court may be pleased to: i. Quash the complaint bearing CC No. 2873/2021 preferred by Respondent herein before the Hon'ble Addl. Civil Judge and JMFC, Hiriyuru, Chitradurga wherein the Petitioners herein are arraigned as Accused No. 1 to 3 for the alleged offence under Section 24(A) and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 43, 43-A and 44 of the Karnataka Minor Mineral Concessions Rules, 1994. ii. Quash the entire proceedings in matter bearing No. 2873/2021 pending on the file of Hon'ble Addl. Civil Judge and JMFC, Hiriyuru, Chitradurga wherein the Petitioners herein as arraigned as Accused No. 1 for the alleged offence under Section 24(A) and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 43, 43-A and 44 of the Karnataka Minor Mineral Concessions Rules, 1994. - 16 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS iii. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the present case." 5. In Crl.P.No.3588/2022, the petitioners are before this Court seeking the following prayers: "WHEREFORE it is prayed that this Hon'ble Court may be pleased to: i. Quash the complaint bearing CC No. 2872/2021 preferred by Respondent herein before the Hon'ble Addl. Civil Judge and JMFC, Hiriyuru, Chitradurga wherein the Petitioners herein are arraigned as Accused No. 1 to 4 for the alleged offence under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 43, 43(a) and 44 of the Karnataka Minor Mineral Concessions Rules, 1994. ii. Quash the entire proceedings in matter bearing No. 2872/2021 pending on the file of Hon'ble Addl. Civil Judge and JMFC, Hiriyuru, Chitradurga wherein the Petitioners herein as arraigned as Accused No. 1 for the alleged offence under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 43, 43(a) and 44 of the Karnataka Minor Mineral Concessions Rules, 1994. iii. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the present case." 6. In Crl.P.No.9434/2023, the petitioners are before this Court seeking the following prayers: "Wherefore, for the grounds urged above, it is prayed that this Hon'ble Court may kindly be pleased to: - 17 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS (i) Call for LCR (ii) Quash the Charge Sheet & proceedings pending before the Hon'ble Senior Civil Judge & JMFC Hiriyur, in C.C. No.53/2023 dated 13-02-2023 produced at Annexure-S, for the offences punishable under Section 379 and 420 of Indian Penal Code, 1860, in the interest of equity and justice. (iii) Quash the First Information Report registered in Crime No.0077/2021 dated 24-03-2021 produced at Annexure-M, in the interest of equity and justice and; (iv) Quash the complaint filed by the 3rd Respondent produced at Annexure-L in No. SakkaNi/Hiri/Tham- 1/Jameenu Samathattu/Anumatiraddy/711/2020-21/771 Dated 24-03-2021, in the interest of equity and justice. (v) Pass such other order or issue such other direction as deemed fit and proper and such other relief, in the interest of equity and justice." 7. In Crl.P.Nos.1208/2022, 1414/2022, heard Sri.Ganapathy Bhat, learned counsel appearing for the petitioners, in Crl.P.Nos.9294/2023, 3562/2022, 3588/2022, 9434/2023, heard Sri.Shivakumar K.B., learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondent-State and have perused the material on record. 8. Learned counsel appearing for the petitioners would submit that if the respondents did not provide any opportunity - 18 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS for compounding the offences, if opportunity had been provided, the offences would be compounded as they are all compoundable offences under the Mines and Minerals (Development and Regulation) Act and Karnataka Minor Mineral Concession Rules. 9. Learned Addl. SPP appearing for the respondent- State submits that if an opportunity would be granted to them, they compound the offences, failing which the proceedings be permitted to continue. 10. In the light of the said circumstance, I deem it appropriate to dispose these petitions with liberty to the petitioners to avail the benefit of compounding of the offences under the MMDR Act and KMMC Rules and in the event of need, approach this Court in future. In the event, they would approach, all contentions urged before the Court in the subject petitions shall remain open to be urged in those petitions. - 19 - HC-KAR NC: 2026:KHC:6303 CRL.P No. 9294 of 2023 C/W CRL.P No. 1208 of 2022 CRL.P No. 1414 of 2022 AND 3 OTHERS 11. In the light of the interim order subsisting in the cases at hand, I deem it appropriate to direct the respondents not to take any precipitative action in the interregnum. 12. The petitioners shall avail the benefit of filing applications of compounding the offences in terms of law within six weeks from the date of receipt of the copy of this order and the authority shall pass necessary orders thereon within four weeks thereafter. Till the expiry of ten weeks, no precipitative action shall be taken against these petitioners qua the impugned proceedings. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 38