IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1498 of 2009()
1. RAHMATHALI,S/O.ALIYAR,
... Petitioner
2. ALI,S/O.BEERAVU,AGED 55 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1498 OF 2009
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Dated 21st May 2009
O R D E R
This petition is filed under Section 482 of
Code of Criminal Procedure to quash Annexure-I FIR in
C.C.768/2003 on the file of Judicial First Class
Magistrate-II, Ernakulam in Crime 130/2002 of
Cheranellur Police station. Case against petitioner is
that he committed offences under Section 12(10), 17(4)
and 23 of Kerala Protection of River Banks Regulation
of Sand Mining Act, 2001. Case was taken cognizance on
a complaint filed by Sub Inspector of Police and
Annexure-II the final report was filed on 21/11/2002.
Station House officers were authorised to file
complaint under G.O(MS) No.11/07/RD dated 10/1/2007
and till then a Sub Inspector has no jurisdiction to
file a complaint. When he has authority cognizance
cannot be taken on such a complaint. The question is
settled by this court in Rijo v. State of Kerala
and another (2008 (1) KLT 664).
2. Allegation against the petitioner is
CRMC 1498/09
2
that he committed offences under Sections 12(10), 17
(4) and 23 of Kerala Protection of River Banks
Regulation of Sand Mining Act, 2001. As the Sub
Inspector was not authorised to file complaint under
Section 25, till 18/1/2007, the Magistrate was not
competent to take cognizance of the complaint on
21/11/2002. Hence the cognizance taken was bad in
law.
Petition is allowed. C.C.768/2003 on the file of
Judicial First Class Magistrate-II, Ernakulam is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.