IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4398 of 2010()
1. RISHAJU, S/O.MUHAMMED, KALATHINGAL HOUSE
... Petitioner
2. YOONUS, S/O.MUHAMMED,
3. MOHAMMED RAFEEQUE P., S/O.AHAMMED,
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/11/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C. No. 4398 of 2010
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Dated this the 3rd day of November, 2010.
ORDER
Petitioners are accused in C.C.No.1092/2009 on the file of
Judicial First Class Magistrate’s Court, Malappuram, taken
cognizance for offences under Sections 20 and 21 of Kerala
Protection of River Banks and Regulation of Removal of Sand Act.
Annexure-B final report submitted by Sub Inspector of Police,
Vazhakkad Police Station under Section 173(2) of Code of Criminal
Procedure. Petition is filed under Section 482 of the Code of
Criminal Procedure to quash the cognizance taken contending that
cognizance could have been taken only on a complaint filed by an
officer authorised under the Act.
2. Learned counsel appearing for the petitioners and the
learned Public Prosecutor were heard.
3. As held by this Court in Abdul Azeez v. State of Kerala
2010(1) KLT 394 and approved in Ismail v. State of Kerala
(2010 (3) KLT 706), learned Magistrate could not have taken
cognizance of the offence under the Kerala Protection of River
Crl.M.C. No. 4398 of 2010 2
Banks and Regulation of Removal of Sand Act on a final report
submitted under Section 173(2) of the Code of Criminal
Procedure and cognizance could have been taken only on a
complaint filed by an officer authorised under the Act. Hence, the
cognizance taken on Annexure B final report can only be
quashed.
Petition is allowed. C.C.No.1092/2009 on the file of the
Judicial First Class Magistrat’s Court, Malappuram is quashed. It
is made clear that quashing of the cognizance taken would not
disentitle the officer authorised under the Act to file a complaint
or the Magistrate taking cognizance on such a complaint.
M.SASIDHARAN NAMBIAR, JUDGE
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