Dismissed¶40

Karanappa v. the State of Karnataka

Karnataka HC20 Jun 2025CRL.P/200629/2025

Case brief

AI extract

What is this about?

Repeat/second Section 482 Cr.P.C. (Section 528 BNSS) quashing petition dismissed on the ground that it would revive the Court's earlier order, which is not permissible; private complaint P.C.No.2/2022 (C.C.No.133/2022), Civil Judge and JMFC, Jewargi; offences alleged under Sections 4(1), 4(1)(A), 21 MMRD Act 1957 and Rules 3(1), 42, 43 Karnataka Minor Mineral Concession Rules 1994; earlier identical petition Crl.P.200975/2022 already dismissed on merits; illegal mining/quarrying context; High Court of Karnataka, Kalaburagi Bench; Justice Mohammad Nawaz; 20-06-2025.

What did the court decide?

Considering the petitioner's prayer once again does not arise, as it will amount to reviving the earlier order passed by this Court, which is not permissible. ¶39

Karanappa Vs the State of Karnataka — Mining and Natural Resources | Karnataka HC (2025)

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NC: 2025:KHC-K:3273 CRL.P No. 200629 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 20^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 200629 OF 2025 (482(Cr.PC)/528(BNSS)

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BETWEEN:

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KARANAPPA S/O NAGAPPA PANNUR AGE 53 YEARS, OCC:FISHERY BUSINESS AND AGRICULTURE, R/O ANDOLA TQ:JEWARGI, DIST: KALABURAGI -585303.

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…PETITIONER

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(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

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AND:

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Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH JEWARGI P.S REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107.

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THE STATE THROUGH RIYAZ S/O AFSAR MIYA GOVERNMENT OFFICIAL O/O DEPUTY DIRECTOR MINES AND GEOLOGY, ROOM NO.27, MINI VIDHAN SOUDHA, 3^RD FLOOR, KALABURAGI-585102.

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…RESPONDENTS

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(BY SRI G B YADAV, HCGP)

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NC: 2025:KHC-K:3273 CRL.P No. 200629 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE PRIVATE COMPLAINT REGISTERED AGAINST PETITIONER BY 2^ND RESPONDENT, IN THE CIVIL JUDGE AND JMFC COURT AT JEWARGI IN P.C.NO.2/2022 (CC NO. 133/2022) FOR THE OFFENCE PUNISHABLE UNDER SECTION 4(1), 4(1)(A), 21 OF MMRD ACT, 1957 RULE 3 (1), 42, 43 OF KMMCR RULES 1994.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition under Section 482 of Cr.P.C. is preferred

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to quash the private complaint registered against the petitioner, which is pending before the Court of Civil Judge and JMFC, at Jewargi in P.C.No.2/2022.

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Private complaint is filed by the second respondent alleging violation of Section 4 (1), 4(1) (A) and 21 of the Mines and Minerals Development and Regulation Act, 1957, Rule 3(1), 42, 43 of the Karnataka Minor Mineral Concession Rules, 1994.

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