IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 170 of 2010()
1. JYOTHI @ JYOTHIKUMAR, S/O. GOPALA
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 170,175 &176
OF 2010
===========================
Dated this the 22nd day of January,2010
ORDER
Petitioner is the second accused in
C.C.865/2008, 549/2009 & 1563/2008 on the file
of Judicial First Class Magistrate Court, Adoor
taken cognizance for the offences under
sections 20,21 and 23 of Kerala Protection of
River Banks and Regulation of Removal of Sand
Act,2001(hereinafter referred to as the Act) on
Annexure A1 final report submitted by the Sub
Inspector of Police, Pandalam after
investigation. Petitions are filed under
section 482 of the Code of Criminal Procedure
to quash the cognizance taken and the
proceedings pending before the Magistrate
contending that as provided under section 25 of
the Act, cognizance can be taken only on a
Crl.M.C.170,175 & 176 of 2010 2
complaint filed by the authorised officer and as
cognizance has been taken by the learned Magistrate
on the final report submitted after investigation
under section 173(2) of Code of Criminal Procedure,
the cognizance taken is to be quashed.
2. Learned counsel appearing for the
petitioner and the learned Public Prosecutor were
heard.
3. Section 25 of the Act provides that a
cognizance of the offence under the Act can be
taken only on a complaint filed by an officer
authorised as provided under the Act. Even if the
Sub Inspector of Police is an authorised officer,
he can only file a complaint based on which alone
Magistrate can take cognizance of the offence under
the Act. As held by the Division Bench of this
Court in Moosakoya v. State of Kerala (2008(1) KLT
538) as approved by the Apex Court in Jeewankumar
Raut v. Central Bureau of Investigation (AIR 2009
SC 2763) and followed by this court in
Crl.M.C.170,175 & 176 of 2010 3
Crl.M.C.3606/2009 & 3715/2009, the cognizance taken
can only be quashed.
Petitions are allowed. C.C.865/2008,
C.C.549/2009 & C.C.1563/2008 on the file of
Judicial Magistrate of First Class, Adoor are
quashed. But quashing of the complaint will not be
a bar for the officer authorised under the Act to
file a complaint in accordance with law.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006