The High Court dismissed a Criminal petition under Section 482 Cr.P.C. seeking quashment of proceedings, as the petitioner did not press the petition during the hearing. The court notes the respondent had no objection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.100692/2020
BETWEEN:
Smt. Janakibai @ Sarojani, W/o. Sitaram Kamat, Age 92 years, Occ: Nil, R/o. Kumbarwad, Joida, Dist. Uttar Kannada, Pin – 581186
... Petitioner
(Sri. Vijayakumar B. Horatti and Sri. Dattatraya Timmanna Hebbar, Advocates)
AND:
The State of Karnataka, Reptd. by Geologist, Department of Mines & Geology, Karwar, Dist. Uttar Kannada – 581301, Reptd. By State Public Prosecutor, High Court, Dharwad Bench.
...Respondent
(By Sri. Praveen Uppar, HCGP for respondent) ---
This Criminal Petition is filed under Section 482 of Cr.P.C., seeking to call for the records in C.C.No.485/2020 on the file of the Civil Judge & JMFC Court, Dandeli, registered against the petitioner, for the offences P/U/S. 4(1A) of Mines
Crl.P.No.100692/2020
: 2 :
& Minerals (Development & Regulation) Act, 1957 and Rules 42, 43 & 43A of Karnataka Minor Minerals Concession Rules, 1994 (Amendment Rules 2016 & 2017), P/U/S. 21 of MMDR Act, 1957 & Rule 44 of KMMCR 1994 (Amendment Rules 2017), peruse the same and quash the proceedings dated 06.06.2020 as against the petitioner.
This petition coming on for Admission through physical hearing/video conferencing hearing this day, the court made the following:
ORDER
Learned counsels for the petitioner and the learned High Court Government Pleader are physically present in the Court.
Learned counsels for the petitioner submit that, they would not press the present petition, keeping open all their contentions to be taken up before the trial Court.
Learned HCGP submits his no objection.
Crl.P.No.100692/2020
: 3 :
In view of the same, the present petition stands
dismissed, as not pressed.
Sd/JUDGE
*Svh/-
3 provisions across 3 enactments
Smt. Janakibai @ Sarojani
The State of Karnataka
Dr. Justice H.B. Prabhakara Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
