IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3256 of 2008()
1. JINSON, AGED 29 YEARS, S/O.JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.P.AJAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :27/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3256 of 2008
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Dated this the 27th day of August, 2008
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act, 2001.
Cognizance has been taken as early as in 2004. Charges have
already been framed and plea has been recorded, it is
submitted. Two witnesses have already been examined before
the court below. At this stage, the petitioner has come before
this Court with a prayer that the powers under Sec.482 Cr.P.C.
may be invoked to quash the proceedings against the
petitioner.
2. The only ground raised is that the Assistant Sub
Inspector of Police on whose report cognizance has been taken
is not competent under Sec.25 of the Kerala Protection of
Crl.M.C. No. 3256 of 2008 -: 2 :-
River Banks and Regulation of Removal of Sand Act to initiate
proceedings.
3. I am not persuaded to agree that at this belated hour
after commencement of trial before the court below, it is
necessary by this Court to invoke the powers under Sec.482
Cr.P.C. to terminate the proceedings against the petitioner.
Needless to say, the petitioner can raise that contention before
the learned Magistrate in the trial which has already
commenced. The learned Magistrate shall take appropriate
decision after considering the contention.
4. With the above observations, this Crl.M.C. is dismissed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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