IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3888 of 2010()
1. KOSHI, S/O. GEORGE, AGED 48 YEARS,
... Petitioner
2. DANIYEL KUTTY @ RAJAN, S/O. GHEE
Vs
1. THE STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.SAKIR.K.H.
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3888 of 2010
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ORDER
Petitioner, the accused in C.C.No.107/2008 on
the file of Judicial First Class Magistrate’s
Court, Adoor, filed this petition under Section 482
of Code of Criminal Procedure to quash the
cognizance taken for the offences under Sections 20
and 21 of Kerala Protection of River Banks &
Regulation of Removal of Sand Act (hereinafter
referred to as ‘the Act’) on Annexure-A1 final
report submitted by Sub Inspector of Police, Enathu
contending that cognizance could have been taken
only on a complaint filed by an officer authorised
under the Act and not on a final report submitted
under Section 173(2) of Code of Criminal Procedure.
2. Annexure-A1 final report shows that
cognizance was taken by the learned Magistrate on a
final report submitted under Section 173(2) of Code
of Criminal Procedure and not on a complaint filed
CRMC 3888/10 2
by an officer authorised under the Act. As held by
this Court in Abdul Azeez v. State of Kerala (2010
(1) KLD 109) and Ismail v. State of Kerala (2010
(3) KHC 677), cognizance taken on a final report
submitted under Section 173(2) of Code of Criminal
Procedure for an offence under the Act could only
be quashed, as cognizance could have been taken
only on a complaint submitted by an officer as
provided under Section 25 of the Act.
Petition is allowed. The cognizance taken in
C.C.No.107/2008 on the file of Judicial First Class
Magistrate’s Court, Adoor on Annexure-A1 final
report is quashed. It is made clear that quashing
of the cognizance taken will not affect the rights
of the officer authorised under the Act to file a
complaint or the learned Magistrate to take
cognizance of the offence, in accordance with law.
22nd September, 2010 (M.Sasidharan Nambiar, Judge)
tkv