IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4291 of 2008()
1. SEBASTIAN, S/O.VARGHESE, AGED 30 YEARS,
... Petitioner
2. RESHEED ALIAS RAJESH, S/O.VIJAYAN AGED
Vs
1. STATE OF KERALA REP. BY PUBLIC
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4291 of 2008
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Dated this the 11th day of November, 2008
ORDER
Petitioners face indictment in a prosecution under the
provisions of Section 12 (10) r/w Section 20 of the Kerala
Protection of River Banks and Regulation of Removal of Sand
Act, 2001. The alleged incident occurred on 08.03.03. Final
report was filed by the Investigating Officer on 14.03.03.
Cognizance has been taken. The prosecution is pending before
the learned Magistrate as C.C.No.1120 of 2003.
2. The petitioners have, at this stage, come before this
Court to contend that the cognizance taken by the learned
Magistrate is not valid in as much as cognizance has been taken
on the basis of a report of the police officer in gross disregard of
the provisions of Section 25 of the said Act. The counsel relies
on the decision in Rijo v. State of Kerala [2008 (1) KLT 664].
3. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor accepts that prior to 18.01.07,
the date on which the relevant notification comes into effect, the
Investigating Officer had no jurisdictional competence to initiate
Crl.M.C. No.4291 of 2008 2
prosecution under Section 25 of the said Act.
4. Cognizance taken by the learned Magistrate is thus
found to be in violation of Section 25 of the Act as explained in
Rijo v. State of Kerala (supra). The cognizance taken deserves
to be set aside.
5. This Crl.M.C is, in these circumstances, allowed.
Cognizance taken against the petitioners in C.C.No.1120 of 2003
on the basis of the final report submitted by the police officer
who was not duly authorised on the relevant date under Section
25 of the Kerala Protection of River Banks and Regulation of
Removal of Sand Act, 2001, is hereby quashed.
6. Needless to say, setting aside of the order taking
cognizance will not fetter the rights of the police to take
appropriate action in accordance with law now.
(R.BASANT, JUDGE)
rtr/-