IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Crl.MC.No. 574 of 2009() ---------------------------------- CC.1987/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO. 70/2002 OF CHERANELLUR POLICE STATION) PETITIONER/ACCUSED ---------------------------------- GEORGE AUGUSTIN, S/O.AUGUSTIN, AGED 39 YEARS, DRIVER, VALIYAKUNNEL, THUNGANGANDADU P.O., MUTTOM, THODUPUZHA NOW RESIDING AT CHERANELLOOR P.O., CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADVOCATE MR.P.M.ZIRAJ RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION, IN CRME NO. 70/2002. BY PUBLIC PROSECUTOR GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN , J ----------------------- CRL.M.C.No. 574 OF 2009 --------------------------------- Dated this the 24th day of February, 2009 O R D E R This Crl.M.C is filed to quash Annexure A1 F.I.R and Annexure II final report in C.C. No. 1987/2008 on the file of Judicial First Class Magistrate Court -II, Ernakulam. A perusal of the records would reveal that the case had been reported by the police and it was on 7.6.2002. The learned counsel had brought my notice to an unreported decision in Crl.M.C. 3785/2007. The learned Judge of this Court held that the police was not authorised under Section 25 of the said Act until 18.01.2007 as per the Government order. Therefore this court held that the Magistrate had no jurisdiction to take cognizance the complaint on the basis of a police report prior to the aforesaid notification. The court in that case quashed proceedings pending before the court. So far as this case is concerned, the police has set the law in motion in June 2002 at a time when the police officials did not have the power to do so. 2. So in the light of the judgment referred to above and as Crl.M.C. 574/2009 -2- the facts of the case also reveal that the police had taken action in 2002, it has to be stated the said procedure is not in accordance with law and police has no authority to do so at that point of time. Therefore the present prosecution cannot continue and so all further proceedings in C.C. 1987/2008 pending before the Judicial First Class Magistrate Court-II, Ernakulam is quashed. M.N. KRISHNAN,JUDGE vkm