IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.MC.No. 1092 of 2011() ------------------------- (CRIME NO.539/2008 OF CHATHANNOOR POLICE STTION) CC.796/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER/ACCUSED --------------------------------- VAHEED, AGED 38 YEARS, S/O.ALIYAR KUNJU, MELETHODIYIL HOUSE, MUTTAIKAVU CHERRY, NEDUMPANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT/STATE ------------------------------ THE SUB INSPECTOR OF POLICE, CHATHANNOOR REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2011 ALONG WITH CRL.MC.1093/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.1092 and 1093 of 2011 --------------------------------------- Dated this 04th day of April, 2011 ORDER These criminal miscellaneous cases relate to a complaint filed by the first respondent, Sub Inspector of Police, Chathannoor in Crime Nos.539 of 2008 and 694 of 2008 of that station for offences punishable under Secs.20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, "the Act”). Based on the complaint, learned Judicial First Class Magistrate, Paravoor (in Kollam district) took cognizance of the said offences and filed C.C.No.796 of 2008 and 1013 of 2008 against petitioner. Cognizance taken by the learned Magistrate is challenged on the ground that there is no proper complaint filed by the first respondent and that the complaint is filed after investigation of the case. It is also contended that learned Magistrate has not conducted any enquiry under Sec.202 of the Code of Criminal Procedure (for short, "the Code”). I have heard learned Public Prosecutor also. 2. It is true that in these cases, first respondent has registered crimes, investigated and thereafter preferred Crl.M.C.Nos.1092 and 1093 of 2011 -: 2 :- complaints. Since offences alleged are made cognizable under Sec.24 of the Act, it is within the power of the police to register a case and investigate it as provided under Secs.154, 156 and 157 of the Code. Therefore there is nothing illegal in the police registering and investigating the cases. 3. The complaint is preferred under Sec.25 of the Act which states that 'no court shall take cognizance of an offence punishable under this Act, except 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 on Mining and Geology'. As per the relevant notification issued by the State Government an officer in charge of a Police Station is authorised to file the complaint. Hence, there is nothing illegal in the first respondent filing the complaint. 4. The contention that enquiry under Sec.202 of the Code is not conducted cannot stand for the reasons I have stated above and since admittedly petitioner is residing within the local limits of Chathannoor Police Station of which first respondent is the officer in charge. These criminal miscellaneous cases are dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-