IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.MC.No. 554 of 2010 -------------------------------- [ST.NO.2588/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VAIKOM, CRIME NO.486/2009 OF KADUTHURUTHY POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- SALI, S/O.HANEEFA, AGED 31, PULLAMKALAYIL VEEDU, MIDAYIKUNNAM P.O., VADAYAR VILLAGE, THALAYOLAPARAMBU. BY ADV. MR.S.MOHAMMED AL RAFI. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.554 of 2010 -------------------------- ORDER Petitioner is the accused in S.T.No.2588/2009 on the file of Judicial First Class Magistrate's Court, Vaikom, taken cognizance for the offences under Sections 12(10) and 20 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 on Annexure-B final report submitted by Sub Inspector of Police, Kaduthuruthy under Section 173(2) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that it is in violation of the mandatory provisions under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, court cannot take cognizance of the offence on a final report submitted under Section 173(2) of Code of Criminal CRMC 554/10 2 Procedure, as cognizance can be taken only on a complaint filed by an officer authorised under the Act. 4. The question has been settled by this Court in Abdul Azeez and others v. State of Kerala and others (2010 (1) KLD 109) and in a Division Bench decision of this Court in Moosakoya v. State of Kerala (2008 (1) KLT 538), as approved by the Apex Court in Jeewan Kumar Raut v. Central Bureau of Investigation (AIR 2009 SC 2763). Hence, the cognizance taken can only be quashed. 5. Petition is allowed. S.T.No.2588/2009 on the file of Judicial First Class Magistrate's Court, Vaikom is quashed. But, it is made clear that quashing of the cognizance taken will not affect the right of the Magistrate to take cognizance of the offence on a complaint filed as provided under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001. 17th February, 2010 (M.Sasidharan Nambiar, Judge) tkv