The Court dismissed the criminal petition under Section 482 CrPC challenging proceedings for theft and mining offences, holding the matter abated due to the death of the petitioner.
Petition dismissed as abated on the ground that the petitioner is no more.
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 AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.137 OF 2019
BETWEEN:
SRI UTTHAM KUMAR MELANTA S/O RAMANNA MELANTA MAJOR R/AT KANIYURU VILLAGE PUTTUR TALUK D.K. DISTRICT - 574 201
… PETITIONER
(SRI. UTTHAM KUMAR MELANTA, PARTY-IN-PERSON)
AND:
1 . STATE OF KARNATAKA KADABA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001
SCIENTIST MINES AND GEOLOGY DEPARTMENT MANGALURU D.K. - 575 003
...RESPONDENTS
(BY SRI. VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1236/2017 (CRIME NO.47/2016) ON THE FILE OF ADDL. CIVIL JUDGE
2
AND JMFC, PUTTUR REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 379 OF IPC AND SECTIONS 4(1), 21 (1A) OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT 1957 AND UNDER RULE 3(1), 42, 43, 44, 31(r) OF THE KARNATAKA MINOR MINERAL CONCESSION RULES 1994, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Police report indicates that petitioner is no more.
Hence, petition is dismissed as abated.
Sd/-
JUDGE
MDS
1 issue framed by the court
Whether the criminal proceedings under C.C.No.1236/2017 should be quashed in the interest of justice.
4 provisions across 4 enactments
Sri Uttham Kumar Melanta
State of Karnataka
Sri R.Padmashree
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
