IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 584 of 2010()
1. JYOTHI @ JYOTHIKUMAR
... Petitioner
Vs
1. STATE OF KERALA THROUGH
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :19/02/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.584 of 2010
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ORDER
Petitioner is the second accused in C.C.No.
513/2009 on the file of Judicial First Class
Magistrate’s Court, Adoor, taken cognizance for the
offences under Sections 20, 21 and 23 of Kerala
Protection of River Banks & Regulation of Removal of
Sand Act, 2001 on Annexure-A1 final report submitted by
Sub Inspector of Police, Pandalam under Section 173(2)
of Code of Criminal Procedure. This petition is filed
under Section 482 of Code of Criminal Procedure to
quash the cognizance taken contending that cognizance
was taken in violation of the mandatory provisions
under Section 25 of Kerala Protection of River Banks &
Regulation of Removal of Sand Act, 2001, as cognizance
could be taken only on a complaint filed by an officer
authorised under the Act.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
3. The question is whether cognizance could be
taken for an offence under the Act on a final report
CRMC 584/10 2
submitted by the police under Section 173(2) of Code of
Criminal Procedure, in violation of the mandatory
provisions under Section 25 of Kerala Protection of
River Banks & Regulation of Removal of Sand Act, 2001
that no court shall take cognizance of an offence under
the Act, except on a complaint filed by an officer
authorised under the Act. The question has been settled
by this Court in Abdul Azeez and others v. State of
Kerala and others (2010 (1) KLD 109) and Division Bench
of this Court in Moosakoya v. State of Kerala (2008 (1)
KLT 538), as approved by the Apex Court in Jeewan Kumar
Raut v. Central Bureau of Investigation (AIR 2009 SC
2763). Hence, the cognizance taken can only be quashed.
Petition is allowed. C.C.No.513/2009 on the file
of Judicial First Class Magistrate’s Court, Adoor is
quashed.
19th February, 2010 (M.Sasidharan Nambiar, Judge)
tkv