IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1786 of 2011() ------------------------- CC.74/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER/ACCUSED ---------------------- CHAYAHANUMANDH JADHAV, D/O.GUNPATHRAV, CHEMBICKAL QUARTERS, NADUVATTAM. BY ADVS. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): COMPLAINANT & STATE -------------------------------- 1. M.P.KALYANIKUTTY, REVENUE DIVISIONAL OFFICER, THIRUR-676101. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. R1 TO R2 BY GOVT. PLEADER SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1786 of 2011 APPENDIX PETITIONER'S ANNEXURES: A1 : COPY OF THE COMPLAINT IN C.C.74/2010 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATECOURT, MANJERI. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1786 of 2011 ==================================== Dated this the 27th day of June, 2011 O R D E R Petitioner is the accused in C.C. No.74 of 2010 of the court of learned Chief Judicial Magistrate, Manjeri for offence punishable under Section 23 of the Conversion of Paddy Land and Wet Land Act, 2008 (for short, “the Act”). Learned Chief Judicial Magistrate took cognizance of the offence on the complaint dated 22.03.2010 filed by the first respondent alleging that petitioner converted 81¼ cents of paddy land comprised in Sy.No.223/1 of Naduvattom Village. Learned counsel contends that since no data bank was published even as on the date of complaint, prosecution under Sec.23 of the Act would not stand. 2. It is submitted by learned Public Prosecutor that draft data bank for the area in question was prepared on 15.08.2010 but the same has not so far been published as required under Sec.5 (4)(i) of the Act. 3. In Firoze v. R.D.O. (2011 [1] KLT 868) this Court held that though for other purposes mentioned in the Act publication of data bank is not required, for a prosecution under CRL.M.C. No. 1786 of 2011 -: 2 :- Sec.23 of the Act the data bank must have been published. Alleged conversion must be of a land notified under Sec.5(4)(i) of the Act. Here the data bank has not been published even on the date complaint was filed. If that be so, prosecution under Sec.23 of the Act cannot stand and is liable to be set aside. Resultantly, Criminal Miscellaneous Case is allowed. Cognizance taken by learned Chief Judicial Magistrate, Manjeri and proceedings pursuant it against petitioner in C.C. No.74 of 2010 are quashed. THOMAS P. JOSEPH, JUDGE. Vsv