Smt Manamma W/O Ganapati Nayak v. State of Karnataka
Case brief
What is this about?
Karnataka HC (Dharwad Bench), CRL.P No. 101205 of 2020 (S.482 Cr.P.C.; header annotation 482(CR.PC)/528(BNSS)), decided 01-08-2025 by Justice S. Vishwajith Shetty: maintainability of cognizance taken by Civil Judge & JMFC, Ankola (order dt. 23.03.2020) on the Geologist's private complaint under S.22 MMDR Act, 1957 for offences under Ss.4(1), 4(1A), 21 and 22 MMDR Act r/w Rules 3(1), 42(1) KMMC Rules 1994 and Rule 44 KMMC (Amendment) Rules 2017; held the Magistrate is the committal court (S.193 Cr.P.C.), the complaint is maintainable but cognizance by the Magistrate was improper; proceedings in C.C.No.163/2020 quashed with direction to commit the case to the Court of Special Judge; relies on Pradeep S. Wodeyar v. State of Karnataka, (2021) 19 SCC 62.
What did the court decide?
Entire proceedings in C.C.No.163/2020 (order dated 23.03.2020) passed by the Court of Civil Judge and JMFC, Ankola, quashed; learned Magistrate directed to commit the case to the Court of Special Judge as provided under Section 193 of Cr.P.C.; the learned Special Judge to thereafter proceed in the case in accordance with law.