KISHORE CONSTRUCTIONS vs GOVERNMENT OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54158
CRL.P No. 5952 of 2026
CNR: KAHC010272492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 5952 OF 2026
BETWEEN:
KISHORE CONSTRUCTIONS,
3-24-102 SITUATED OPPOSITE TO GANDHE,
SCHOOLE, CHOWNI STREET, SOLLAPUR,
MEHABOOB NAGAR DISTRICT,
TELANGANA STATE 509 102
REPTD BY SRI NALLIBOYINA LAKSHMINARAYANA,
S/O SANTEIAH, AGED ABOUT 45 YEARS,
R/AT NO. 4/56, UPPAGUNTA PALLI, MYDEKUR,
CUDDUPAH, ANDHRA PRADESH 516172.
…PETITIONER
(BY SRI SIDDAPPA B M,ADVOCATE)
AND:
GOVERNMENT OF KARNATAKA
BY ITS GEOLOGIST,
SMT ROOPA C H
OFFICE OF THE DEPUTY DIRECTOR,
MINES AND GEOLOGY DEPARTMENT,
CHITRADURGA - 577501.
…RESPONDENT
(BY SRI M V ANOOP KUMAR, ADDL. SPP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE THE ORDER OF TAKING COGNIZANCE UNDER SEC.200
OF CRPC AND SEC. 21(1) AND 21(2) OF MINES AND MINERALS
ACT AND RULE 44 OF KARNATAKA MINES CONCESSION RULES
ACT 1994 AND ISSUANCE OF SUMMONS BY THE LD PRL.CIVIL
JUDGE AND JMFC CHALLAKERE IN PCR NO.184/2023 NOW
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:54158
CRL.P No. 5952 of 2026
CNR: KAHC010272492026
NUMBERED AS CC 991/2023 DATED 03.10.2023 AND FURTHER
BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS INITIATED
BY THE RESPONDENT IN CC NO.991/2023 UNDER SEC.200 OF
CRPC AND SEC. 21(1) AND 21(2) OF MINES AND MINERALS
ACT AND RULE 44 OF KARNATAKA MINES CONCESSION RULES
ACT 1994, PENDING ON THE FILE OF THE LD PRL.CIVIL JUDGE
AND JMFC CHALLAKERE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel for the petitioner and the
learned Additional SPP for first respondent.
2. Learned counsel for the petitioner would submit
that the proceeding in PCR No.184/2023, now numbered
as C.C. No.991/2023, has to be quashed as the JMFC
Chellakere did not have the jurisdiction to take cognizance
in view of the bar contained in Sections 22 and 30-B and
30-C of the Mines and Minerals (Development and
Regulation) Act, 1957 (Act, 1957) which are extracted
hereunder:
22. Cognizance of offences - No Court shall
take cognizance of any offence punishable
Digitally Signed by ANANT
RAMNATH HEGDE
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CRL.P No. 5952 of 2026
CNR: KAHC010272492026
under this Act or any rules made there
under except upon compliant in writing
made by a person authorised in this behalf
by the Central Government or the State
Government.
30-B. Constitution of Special Courts - (1)
The State Government my, for the
purposes of providing speedy trial of
offences for contravention of the provisions
of sub-section(1) or sub-section (1-A) of
Section 4, constitute, by notification, as
may Special Courts as may be necessary
for such area or areas, as may be specified
in the notification.
(2) A Special Court shall consist of a Judge
who shall be appointed by the State
Government with the concurrence of the
High Court.
(3) A person shall not be qualified for
appointment as a Judge of Special Court
unless he is or has been a District and
Sessions Judge.
(4) Any person aggrieved by the order of
the Special Court may prefer an appeal to
the High Court within a period of sixty days
from the date of such order.
30-C. Special Courts to have powers of
Court of Session - Save as otherwise
provided in this Act, the Code of Criminal
Procedure, 1973 (2 of 1974) shall apply to
the proceedings before the Special Court
and for the purpose of the provisions of this
Act, the Special Court shall be deemed to
Digitally Signed by ANANT
RAMNATH HEGDE
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NC: 2026:KHC:54158
CRL.P No. 5952 of 2026
CNR: KAHC010272492026
be a Court of Session and shall have all
powers of a Court of Session and the
person conducting a prosecution before the
Special Court shall be deemed to be a
Public Prosecutor.
3. Learned counsel for the petitioner would submit
that the Court at Judicial Magistrate First Class has the
jurisdiction to receive the complaint but he has no
jurisdiction to take cognizance.
4. Learned Additional SPP would submit that the
matter ought to have been committed to the jurisdictional
Sessions Court after taking cognisance in view of Section
22 as well as Sections 30-B and 30-C of the Act, 1957.
5. As noticed above Section 30-B of Act, 1957
provides for establishment of Special Courts for speedy
trial of the offences under Sub-Section (1) or Sub-Section
(1-A) of Section 4. It is relevant to notice that the
provision provides for speedy trial.
6. There is no provision in the Act which provides
for the jurisdiction of the Special Court to take cognisance
of the offence.
Digitally Signed by ANANT
RAMNATH HEGDE
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NC: 2026:KHC:54158
CRL.P No. 5952 of 2026
CNR: KAHC010272492026
7. Section 22 of the Act, 1957 mandates that no
Court shall take cognisance of any offence punishable
under the provisions of the Act, 1957 except upon a
complaint in writing by the authorised person.
8. Section 2(d) of the Code of Criminal Procedure
defines the complaint as under:-
"
d)"complaint" means any allegation made
(
orally or in writing to a Magistrate, with a
view to his taking action under this Code,
that some person, whether known or
unknown, has committed an offence, but
does not include a police report".
9. From the combined reading of Section 2(d) and
Section 22 referred to above, it is evident that to initiate
the Criminal Case for the offence under Section 4 of Act,
1957 there has to be a complaint in writing which meets
the requirement of Section 22 of the Act, 1957.
10. The Act, 1957 in terms of Section 30-B though
provides for constitution of the Special Court, the Act,
Digitally Signed by ANANT
RAMNATH HEGDE
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CRL.P No. 5952 of 2026
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1957 does not confer the jurisdiction on the Special Court
to take cognisance.
11. Under the Code of Criminal Procedure, 1973
complaint can be filed before the Magistrate who is
empowered to take cognisance.
12. Thus, the Court is of the view that the
complaint is validly filed before the Magistrate and
cognisance is rightly taken by the Magistrate. However,
because of the mandate of Section 30-B of the Act, 1957
the matter should have been committed to the
jurisdictional Special Court.
13. Hence, the following:
ORDER
(i) Petition is allowed-in-part.
(ii) Order dated 03.10.2023 issuing summons to
the accused/petitioner is set-aside.
Digitally Signed by ANANT
RAMNATH HEGDE
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CRL.P No. 5952 of 2026
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(iii) The JMFC Chellakere shall commit the
proceedings in C.C. No.991/2023 to the Special Court
under the Act, 1957 and said Special Court shall proceed
further in accordance with law.
(iv) The Registry shall communicate the order to the
jurisdictional Special Court as well as the JMFC Chellakere.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
BRN
List No.: 2 Sl No.: 19