IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.MC.No. 4822 of 2010() ------------------------- CC.1619/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO.865/2009 OF CHERANALLOR POLICE STATION) PETITIONER(S): ACCUSED NOS 1 AND 2: ------------------------------------------------------------- 1. SREEJITH, S/O.THANKAPPAN, AGED 24 YEARS, RESIDING AT KOTTATTU VEEDU, NEAR GOVT.HOSPITAL, CHERANALLOR VILLAGE, CHERANALLOR DESOM, ERNAKULAM DISTRICT. 2. SHAMSUDHEEN, S/O.HYDROSE, AGED 43 YEARS, NAMBIPARAMBU HOUSE, NEAR GOVT.HOSPITAL, CHERANALLOR VILLAGE, CHERANALLOR DESOM, ERNAKULAM DISTRICT. BY ADVS. SMT. ROSY.P.F, SMT.K.T.LILLY @ LILLY JAMES. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHERANALLOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4822 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.1619/2010 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offences under Sections 17(4) and 23 read with Section 20 of Kerala Protection of River Banks & Regulation of Removal of Sand Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that cognizance was taken on Annexure-A2 final report submitted by Sub Inspector of Police under Section 173(2) of Code of Criminal Procedure and cognizance should have been taken only as provided under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act and on a complaint filed by an officer authorised under the Act. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. As held by this Court in Abdul Azeez v. State of Kerala (2010 (1) KLT 394) and Ismayil v. State of Kerala (2010 (3) KLT 706), learned Magistrate should CRMC 4822/10 2 not have taken cognizance of the offences on a final report submitted under Section 173(2) of Code of Criminal Procedure, in violation of the mandatory provisions of Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act. Hence, the cognizance taken can only be quashed. Petition is allowed. Cognizance taken on Annexure- A2 final report in C.C.No.1619/2010 by Judicial First Class Magistrate-II, Ernakulam is quashed. It is made clear that quashing of the cognizance taken will not affect the right of the officer authorised under the Act to lodge a complaint or prevent the learned Magistrate to take cognizance of the offence on such a complaint as provided under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv