Minor Mineral Concession Rules, 1994 submits that Police Inspector was not competent to file complaint and register the first information report - However, FIR for offence under S. 379 of Penal Code, sustained.

Citation

AIROnline 2021 Kar 1918

Karnataka High Court

(DHARWAD BENCH)

SHIVASHANKAR AMARANNAVAR , J.

CRL.PET - 102340 of 2018 D/- 30 - 7 - 2021

LAGAMA SHIVAPPA BADAVAGOL AND ANR. v. STATE OF KARNATAKA

Criminal P.C. (2 of 1974), S.154, S.2(d), S.482 - Mines and Minerals (Development and

Regulation) Act (67 of 1957), S.4(1), S.4(1a), S.21, S.22, S.15 - Karnataka Minor Mineral

Concession Rules (1994), R.2(1)(a1a) - FIR - Authorised officer - Allegations of illegal mining

and transportation of sand - Police Inspector who filed complaint did not state in complaint

that he is authorized by State to file complaint - Even if he is an authorized person, he has to file

a complaint before concerned Court and not before police as definition of complaint excludes

police report - FIR for offences under MMDR Act, unsustainable - Liable to be quashed -

However, FIR for offence under S. 379 of Penal Code, sustained.

 (Paras 7 , 9)