IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 293 of 2006() ------------------------ CRIME NO.22/06 OF MELATTOOR POLICE STATION PETITIONER: --------------- K.V. GIFFRI, S/O. SAYED, POOLAVEETIL HOUSE, MELAKKOM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SMT.LAKSHMI RANI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.514/06 IN CRL.M.C.NO.293/06 //DISMISSED// 9.1.09 SD/-M.C.HARI RANI, JUDGE. M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.293 OF 2006 ----------------------------------------------------- DATED THIS THE 9th DAY OF JANUARY, 2009 O R D E R The petitioner who is the accused in Crime No.22/06 of Melattoor Police Station registered for the offence punishable under section 4(1)(A) read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, as per the FIR Annexure A, has approached this Court by filing this petition under Section 482 of Cr.P.C. with the prayer to quash the entire proceedings against him. 2. Heard the learned counsel appearing for the petitioner and also the learned Public Prosecutor. 3. It is submitted by the learned counsel appearing for the petitioner that the present petition was filed by the petitioner stating that Section 22 of the Act bars the jurisdiction of the Magistrate to take cognizance of any offence under the above Act, except upon a complaint by an authorised officer notified either by the Central Government or by the State Government. In the present case, the Sub Inspector of Police is the CRL.M.C.NO.293/06 -2- complainant, who according to the petitioner, has no authority to register a crime or to investigate into the same as stated in the petition. While hearing this petition, it is fairly conceded by the learned counsel that as per the notification dated 26.6.1991, police officers of and above the rank of Sub Inspector in the State is authorised to prefer complaints in writing in courts in respect of any offence punishable under the said Act. Therefore, that contention raised in this petition has no merit and this petition can be dismissed. That submission made by the learned counsel appearing for the petitioner is recorded and this petition is dismissed. M.C.HARI RANI, JUDGE. dsn