Allowed

Sri. R Shivalingappa v. State of Karnataka

Karnataka HC22 Sept 2023CRL.P/6944/2020

Case brief

AI extract

What is this about?

Criminal petition filed under Section 482 CrPC to quash proceedings in铁矿石 theft case. Court allowed the petition and quashed prosecution against petitioner, equating his role with that of a co-accused against whom a separate coordinate bench had quashed proceedings.

What did the court decide?

The impugned prosecution of the petitioner/accused No.10 in C.C.No.311/2019 is quashed.

Sri. R Shivalingappa Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2023)

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1 - NC: 2023:KHC:34540 CRL.P No. 6944 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ

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CRIMINAL PETITION NO. 6944 OF 2020

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BETWEEN:

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SRI. R. SHIVALINGAPPA S/O RUDRAPPA AGED ABOUT 39 YEARS, HEAD CONSTABLE (CHC-1164) PILLEKERANAHALLI VILLAGE CHITRADURGA DISTRICT - 577 501

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…PETITIONER

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS RAMPURA POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. SHANMUKAPPA D H DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY NEAR BASAPPA HOSPITAL, B.L.GOWDA LAYOUT, CHITRADURGA - 577 001

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…RESPONDENTS

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(BY SRI. VENKAT SATHYANARAYANA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.311/2019 ARISING OUT OF PCR NO.10/2019 ON THE FILE OF THE CIVIL JUDGE AND JMFC,

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NC: 2023:KHC:34540 CRL.P No. 6944 of 2020

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MOLAKALMURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 21(4), 41(a) OF MMDR ACT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has challenged the prosecution launched against him in C.C.No.311/2019 pending trial before the Civil Judge and JMFC, Molakalmuru (henceforth referred to as 'Trial Court') for the offences punishable under Sections 21(4), 21(4)(A) of the Mines and Minerals (Development and Regulation) Act, 1957.

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It is alleged that on 28.01.2019, the respondent No.1 stopped a lorry and found that the accused were transporting iron ore. The person in-charge of the lorry and other associates ran away. After investigation, it was found that the accused Nos.2, 4, 5, 6, 7, 8, 9, 10 and 11 had all hatched a criminal conspiracy to steal iron ore in Bheemasamudra and Hireguntanoor and were transporting such stolen iron ores in the lorry bearing registration No.KA-34A-4579, KA-17-A-6759 and KA-16-C-3337. The accused Nos.10 and 11 were helping the other accused to pass through

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3 - NC: 2023:KHC:34540 CRL.P No. 6944 of 2020

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the road without being detected. Therefore, the charge-sheet was filed for the aforesaid offences and that the Trial Court took cognizance of the aforesaid offences and ordered registration of a criminal case in C.C.No.311/2019 and issued process to the accused.

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When this petition was listed for admission, the learned counsel for the petitioner submitted that in so far as accused No.11 is concerned, this Court entertained Crl.P.No.6451/2019 and Crl.P.No.6452/2019 and had quashed the criminal proceedings against the accused No.11. He therefore, contends that the allegations against the petitioner/accused No.10 was that he was helping the other accused to pass through the road and therefore, the petitioner is also entitled to be treated alike.

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The learned High Court Government Pleader did not dispute that the Co-ordinate Bench of this Court had quashed the proceedings against the accused No.11.

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NC: 2023:KHC:34540 CRL.P No. 6944 of 2020

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In that view of the matter, this petitioner/accused No.10 is also entitled to be treated alike and the impugned prosecution qua the petitioner deserves to be quashed.

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In view of the above, this petition is allowed . The

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impugned prosecution of the petitioner/accused No.10 in C.C.No.311/2019 pending trial before the Civil Judge and JMFC, Molakalmuru, for the offences punishable under Sections 21(4), 21(4)(A) of the Mines and Minerals (Development and Regulation) Act, 1957, is quashed.

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The prosecution against the other accused shall continue.

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In view of the disposal of the petition, pending I.As., if

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any, do not survive for consideration and the same stand dismissed.

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Sd/JUDGE

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PMR

Sri. R Shivalingappa v. State of Karnataka

Case brief

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Sri. R Shivalingappa v. State of Karnataka

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