IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 3481 of 2011() ------------------------------------- CC.NO.2167/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): PETITIONER/ACCUSED ------------------------------------------------------------ BIJU,AGED 38 YEARS, S/O.ANANTHAN,SUSHILA BHAVAN,SITHARA JUNCTION, KOTTIYAM P.O, KOLLAM DISTRICT. BY ADV. SRI.B.DIPU SACH DEEV SRI.E.NISHAD RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION,KOLLAM DISTRICT. 2. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM KOCHI .PIN-682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3481/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE COMPLAINANT FILE FILED BY THE 1ST RESPONDENT BEFORE THE JFMC-II, KOLLAM AS CC NO.2167/2010 DATED ON 04/06/2010. ANNEX 2 COPY OF THE FIR FILED BY THE 1ST RESPONDENT BEFORE THE JFMC-II, KOLLAM AS IN CRIME NO.495/2010 DATED ON 18/04/2010. ANNEX 3 COPY OF THE PETITION FILED BY PETITIONER BEFORE THE JFMC-II, KOLLAM UNDER SECTION 258, 155 CR.PC. DATED ON 02/11/2010. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. No. 3481 of 2011 ------------------------------------------ Dated this the 13th day of October, 2011. O R D E R The petitioner is the accused in CC.No.2167/2010 of JFCM - II, Kollam. A final report under Sec.173(2) of Cr.P.C. was filed against him alleging commission of offence under Section 20 and 21 of Kerala Protection of River Banks and regulation of Removal of Sand Act - 2001. The learned counsel for the petitioner submits that the cognizance taken by the learned Magistrate based on the final report under Section 173(2) Cr.P.C. is bad and as such is liable to be set aside. Section 25 of the Act makes it clear that no court shall take cognizance of any offence punishable under that Act except upon a complaint in writing made by a person authorised in this behalf by the government order the District Collector or Geologist of a department of Mining and Geology. Hence the cognizance taken by the learned Magistrate is liable to be set aside. Crl.M.C. No. 3481 of 2011 2 This petition is allowed. Further proceedings in CC.2167/10 is quashed. But it is made clear that based on the materials collected, any of the officers mentioned in Section 25 can file a complaint if so advised. N.K. BALAKRISHNAN, JUDGE smvd