IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 2150 of 2008() ------------------------- CC.47/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI CRIME NO.358/06 OF THE NARAKKAL POLICE STATION .................... PETITIONER: ------------ MUJEEB, AGED 24 YEARS, S/O. ASHARAF, PULICKAL HOUSE, NAYARAMBALAM P.O., ERNAKULAM. BY ADV. SRI.P.FAZIL SRI.SREEJITH V.S. RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE NARAKKAL. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2150 of 2008 ------------------------------------------------- Dated this the 25th day of June, 2008 ORDER This petition is filed under Sec.482 of the Cr.P.C. by the petitioner who faces indictment in a prosecution under Sec.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short `the Act'). Cognizance has been taken by the learned Magistrate on the basis of a final report submitted by the police. The short contention of the learned counsel for the petitioner is that cognizance of an offence under 25 of the Act can be taken by the Magistrate only upon a complaint in writing made by a person authorised in this behalf by the Government or the District Collector or a Geologist of the Department of Mining and Geology. The Crl.M.C. No.2150 of 2008 -: 2 :- complaint has been filed by the S.I. of Police, who, on the relevant date, is not entitled and is not authorised in that behalf by the Government. The learned counsel relies on the decision in Nithyanandan v. State of Kerala (2007 (4) KHC 747) to contend that the prosecution has been launched without the requisite legal authority. 2. The learned Public Prosecutor, after taking instructions, concedes that the officer who lodged the complaint was not, on the relevant date, having legal competence to lodge the complaint, though subsequently by a Notification dated 10/1/07 the Station House Officer has been invested with the requisite authority. 3. In the result: (a) This petition is allowed. (b)C.C.No.47/07 pending before the Judicial First Class Magistrate's Court-I, Kochi, against the petitioner is hereby quashed. 4. I may hasten to observe that the quashing of the proceedings will not in any way fetter the rights of the Crl.M.C. No.2150 of 2008 -: 3 :- officers concerned to take further action as may be necessary and possible under law. (R. BASANT, JUDGE) Nan/ Crl.M.C. No.2150 of 2008 -: 4 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2150 of 2008 ------------------------------------------------- Dated this the 6th day of June, 2008 ORDER Heard. Admitted. Notice given and the learned Public Prosecutor appears for the respondent/State. The learned counsel for the petitioner relies on the decision in Nithyanandan v. State of Kerala (2007 (4) KHC 747). The learned Public Prosecutor prays for time to take instructions and make his submissions. Until further, the petitioner shall be permitted by the learned Magistrate to appear through counsel. His personal presence shall not be insisted. Call on 23/6/08. (R. BASANT, JUDGE) Nan/ Crl.M.C. No.2150 of 2008 -: 5 :-