IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 4077 of 2010() ------------------------------------- CC.233/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR. CRIME NO.27/2009 OF PANDALAM POLICE STATION. .................... PETITIONERS/ACCUSED: ------------------------------------- 1. JIJU GEORGE, S/O.GEORGE, AGED 27 YEARS, RANDAM KALAYIL HOUSE, THUMPAMAN THAZHAM MURI, CHANDAKKUNNU, MEZHUVELI VILLAGE, PATHANAMTHITTA DISTRICT. 2. PRASAD, S/O.KOCHUKUNJU, AGED 26 YEARS, KOCHUMODIYIL HOUSE, THUMPAMAN THAZHAM MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. 3. SATHEESH @ BIJU, S/O.KESHAVAN, AGED 28 YEARS, POOZHIKKUNNIL HOUSE, THUMPAMAN THAZHAM MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4077 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Petitioners, the accused in C.C.233/2009 on the file of Judicial First Class Magistrate's Court, Adoor filed this petition under Section 482 of Code of Criminal Procedure to quash the cognizance taken for the offence under Sections 20,21 and 23 of Kerala Protection of River Bank and Regulation of Removal of Sand Act (hereinafter referred to as the 'Act') on Annexure-A1 final report submitted by Sub Inspector of Police, Pandalam. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annnexure-A1 final report establishes that learned Magistrate has Crmc 4077/10 2 taken cognizance of the offences under Section 20,21 and 23 of the Act, filed under Section 173(2) of Code of Criminal Procedure on a final report and not on a complaint as provided under Section 25 of the Act. Question whether the cognizance taken is legal has been settled by this Court in the decisions reported in Abdul Azeez v. State of Kerala (2010 (1) KLT 394) as approved in Ismail & others v. State of Kerala & others (2010 (3) KHC 677 (DB) holding that cognizance can be taken only on a complaint filed by an officer authorised under the Act and not on a final report submitted by Sub Inspector of Police under Section 173(2) of Code of Criminal Procedure. In such circumstances, cognizance taken can only be quashed. Petition is allowed. Cognizance taken Crmc 4077/10 3 in C.C.233/2009 on the file of Judicial First Class Magistrate's Court, Adoor is quashed. It is made clear that quashing of the cognizance taken will not prevent the officer authorised under the Act to file a complaint or the learned Magistrate to take cognizance of the offences on such complaint. M.SASIDHARAN NAMBIAR, JUDGE. uj.