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Judgment
Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondents. Perused the records.
The petitioners have sought for quashing of FIR registered in Crime No.303/2017 of Gudibande Police Station registered against them for the
offence punishable under section 379 of IPC; Section 3(1) of the Karnataka Regulation of Stone Crushers Act, 2011; and Sections 4(1) and 4(1-
A) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957; and Section 42 of the Karnataka Minor Mineral Consistent Rules
1994.
The second respondent - Geologist, attached to the Department of Mines and Geology, Chikkaballapura has lodged First Information Report to
the Subinspector of Gudibande Police Station making allegations that the petitioners were indulged in crushing of stones without any licence or
permission from the Government. Further, the petitioners in order to cause loss to the State exchequer, made all arrangements and collected
vehicles to take away the crushed stones stealthily and thereby committed the above said offences. On the basis of such information, the Police
have registered a case under the above said provisions in Crime No.303/2017.
The learned counsel for the petitioners strenuously argued that the allegations made against the petitioners is only with regard to crushing of
stones into small sizes without any licence or permission. Except that there is no specific allegations made against them, that they have actually
mined the stones crushed and indulged in transporting the same to have wrongful gain for themselves.
On careful perusal of the said First Information Report, there are allegations that they have crushed the stones and they were trying to transport
the crushed stones stealthily and also taken away certain crushed stones from the spot. Under the above said circumstances, the allegations made
in the First Information Report cannot be bifurcated at this stage. So as to ascertain the truth or falsity of the allegations made against the
petitioners, whether the petitioners have actually committed the offence or not, this court at this stage cannot conclusively draw an inference that the
petitioners were crushing the stones without any licence. It is made clear that as the facts are very hazy, this court cannot draw any definite
inference at this stage, though the learned counsel for the petitioners has tried to convince this court basing on various decisions of this court.
Based on the facts and circumstances of this case, as I have already said that the facts are hazy, at this stage, this court cannot come to any
definite conclusion that the petitioners have not committed any offence. If any charge sheet is filed and cognizance is taken by the learned
Magistrate, then the petitioners are at liberty to approach this court.
Under the above said circumstances, I am of the opinion that the petition is liable to be dismissed with liberty to the petitioners to approach this
court if any charge sheet is filed and cognizance is taken against them without any basis. Accordingly, the Petition is dismissed with such liberty.