IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.MC.No. 448 of 2011() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPCR.316/2008 Dated 12/12/2008 CRIME NO.43/2011 OF KEEZHVAIPUR POLICE STATION .................... PETITIONER(S): ACCUSED --------------------------------------- AJITHKUMAR @ KUTTAN,AGED 36 YEARS, S/O.RAMACHANDRAN,KALLUKUNNEL VEEDU,ANNICKADU MURI, ANNICKADU VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RAVISHANKAR RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-31 2. THE DIRECTOR GENERAL OF POLICE,POLICE HEAD QUARTERS,THIRUVANANTHAPURAM.695 001 3. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA.PIN-695 581 4. THE SUB INSPECTOR OF POLICE,KEEZHVAIPUR POLICE STATION.PIN-695 581 5. THOMAS.P.T,ALIAS AJIMON,PAMPOTH POYKAYIL NOORONMAVU.P.O,ANICADU,PATHANAMTHITTA DISTRICT.695 586 R1 TO R4 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, ALONG WITH CRL.M.C.NO.456/2011 AND CRL.M.C.NO.457/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.448, 456 & 457 of 2011 ==================================== Dated this the 22nd day of February, 2011 O R D E R All these cases arise from Crime Nos.43, 44 and 45 of 2009 of Keezhvaipur Police Station for offences punishable under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, “the Act”). Case is that respondent No.4 on getting secret information that certain persons are engaged in unauthorized mining of river sand in canoes reached the places of occurrence in these cases on 24.12.2010 and found some persons moving into the river. On seeing the police party those persons swam across the river and escaped. One among the police party brought the canoes to the shore and on examination it was found to contain tools and baskets for collecting sand from the river bed. There were also indications in the canoes that river sand was being transported in it. Thereon those canoes were taken to custody and cases were registered. It is submitted by learned counsel that a report has been submitted by the police implicating petitioner in the alleged incident. Challenge is to the Annexure-1, FIR filed by the police in these cases. According to the petitioner he is falsely implicated CRL.M.C. No.448 & connected cases -: 2 :- in the case at the instance of the Director General of Police who is a close relative of one Pothen Varghese and Abraham Joseph who are enmical towards petitioner. Learned counsel contended that the three empty canoes allegedly seized by the police belonged to respondent No.5 in the respective petitions and that petitioner has nothing to do with the alleged transportation of river sand. It is pointed out that on a similar occasion petitioner was falsely implicated in a case and based on that, a detention order was passed against petitioner under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007 which this Court set aside as per Annexure-4, judgment dated December 12, 2008 in W.P(Crl.) No.316 of 2008 filed by the mother of petitioner. Learned counsel contends that attempt of the police is to implicate petitioner in these cases and detain petitioner under the draconian law which is to be prevented. Learned counsel submits that he is amenable to any enquiry being conducted by the Revenue Divisional Officer who has already issued Annexure- 3, notice to the petitioner to answer a charge as stated therein. Learned Public Prosecutor while countering the allegations made in the petitions contended that cases were registered only on 24.01.2011, it is in the stage of preliminary investigation, persons arrayed by the petitioner as owners of the canoes are absconding and they have to be traced to ascertain whether they are the CRL.M.C. No.448 & connected cases -: 3 :- owners of the canoes. According to the leaned Public Prosecutor there is no reason to interfere at this stage. 2. Position of law is settled by the Supreme Court that interference under Sec.482 of the Code to quash FIR is required only when allegations are found to be patently untrue or that allegations are so absurd that no reasonable man could act upon it. Here, the needle of suspicion is directed against petitioner as having been involved in the offences referred to in Annexure-1, FIR. That matter has to be investigated. 3. It is pointed out by learned counsel that the mahazars prepared in all the cases are exactly the same. But from that it is not possible for me to say at this stage that the mahazars are unreliable. That is a matter for evidence. The mahazars produced by the petitioner indicate prima facie that there are indications of transportation of river sand in the canoes in question and the detecting officer had also found instruments for collection of sand from the river bed. These aspects cannot be brushed aside at this stage. 4. Next argument is that petitioner is prepared to undergo any enquiry that the Revenue Divisional Officer may conduct. As per the Scheme of the Act offence punishable under the Act being cognizable the police is entitled to investigate the case. The Authorised Officer under Sec.25 of the Act is to file CRL.M.C. No.448 & connected cases -: 4 :- complaint. Learned Public Prosecutor submits that the Authorised Officer would file the complaint only after verifying the investigation conducted in the matter. I make it clear that if the Revenue Divisional Officer is entitled and competent to enquire into the matter, it is open to him to do so. 5. Having regard to the facts and circumstances brought before me I do not find reason to interfere with the ongoing investigation or quash the first information reports in these cases. Criminal Miscellaneous Cases are dismissed with the above observation. THOMAS P. JOSEPH, JUDGE. vsv