(Prayer: This Crl.RP is filed u/S.397 r/w 401 of Cr.P.C praying to set aside the impugned order dated 01.09.2017 passed by the Hon'ble XXIII Additional City Civil and Sessions Judge, Bengaluru in Spl.C.C.No.489/2015.)

Oral Order

1. Heard Sri. B.S. Prasad, learned counsel for the Lokayukta and Sri. P.N. Hegde, learned counsel for the respondents.

2. At the outset, Sri. B.S. Prasad, learned counsel for the Lokayukta would submit that the impugned order passed by the Trial Judge is not proper inasmuch as the learned Trial Judge has noted that there is no private complaint filed by the Special Investigation Team (hereinafter referred to as 'SIT' for short).

3. Pertinently, the case came to be registered by the 'SIT' after filing the private complaint, pursuant to the directions issued by the Hon'ble Apex Court in SLP No.562/2012.

4. Therefore, the impugned order is per se incorrect as it is passed without even looking into the records properly.

5. Sri. P.N. Hegde, learned counsel for the respondents/accused however would submit that the contentions now urged before the Court would not come in the way of sustaining the impugned order of discharge inasmuch as on merits, the Trial Court has taken into consideration the relevant aspects of the matter and discharged the accused.

6. Having noticed the rival contentions of the parties, pertinently in respect of illegal mining, there was a petition filed before the Hon'ble Supreme Court in SLP No.562/2012 wherein Hon'ble Supreme Court after hearing all concerned, directed a Special Investigation Team should be formed by the State Government to investigate into the alleged illegalities in mining in Bellary, which was ultimately transported from Bellikeri, Karwar, Uttara Kannada District.

7. Pursuant to the same, a Special Investigation Team has been formed and matter was investigated.

8. The learned Trial Judge while considering the application seeking discharge of the accused from the charges which has been alleged in the charge sheet against the respondents, has made an observation in the impugned order that a private complainant ought to have been filed in respect of the offences under the Mines and Minerals (Development and Regulation) Act. But, no such private complaint is filed and therefore discharged the respondents.

9. Said observation of the learned Trial Judge is totally uncalled for inasmuch as in the records of Trial Court itself, private complaint is available. Ignoring the same, passing the impugned order has thus resulted in miscarriage of justice.

10. Expressing any opinion on the other merits of the matter would definitely hamper the rights of both parties, one way or the other.

11. Thus, resisting from expressing any opinion on the merits of the matter, suffice to say that the Order of the learned Special Judge is contrary to the records and therefore called for interference by this Court in the revisional jurisdiction.

12. Accordingly, following order:

ORDER

          (i) Criminal Revision Petition is allowed.

          (ii) Impugned order dated 01.09.2017 passed by the Hon'ble 23rd Additional City Civil and Sessions Judge, Bengaluru in Spl.CC No.489/2015 is set-aside.

          (ii) Matter is remitted to the learned Special Judge for disposal on the application filed by the respondent seeking discharge in accordance with law afresh on or before 30.06.2026.

           (iv) Both parties shall appear before the learned Special Judge without further notice on 15.04.2026.