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. 3641 of 2010() ------------------------ CC.4240/2009 of JUDL. FIRST CLASS MAGISTRATE COURT-II, KOLLAM CRIME NO. 438/2008 OF KOTTIYAM POLICE STATION, KOLLAM ................. PETITIONER / ACCUSED NO.1 ------------------------------------------ S.ANSARI @ ANSAR, S/O. SHAHUL HAMEED, KOTTAYIL VEEDU, KOTTIYAM ADICHANALLOOR, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOTTAYAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. 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: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3641 OF 2010 =========================== Dated this the 6th day of October,2010 ORDER Petitioner, the first accused in C.C.4240/2009 on the file of Judicial First Class Magistrate Court-II, Kollam taken cognizance for the offence under section 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 filed this petition under section 482 of Code of Criminal Procedure to quash the proceedings contending that he was not in India on 27.5.2008 when it is alleged that petitioner removed river sand in a motorised boat in violation of the provisions of the Act and thereby he committed the offence. Petitioners produced Annexure A8 copy of his passport containing the entries showing his departure and entry to India. Crl.M.C.3641/2010 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Crime 438/2008 of Kottiyam Police Station was registered based on the seizure of the four motorised boats on 27.5.2008 by Sub Inspector of Police,Kottiyam finding extraction of river sand in violation of the Act and Rules. Annexure A2 is the mahazar. Annexure A3 complaint was filed after completing the investigation alleging that petitioner as well as the other accused, using motorised boats illegally removed river sand in violation of the Act and the Rules, at about 7 a.m. on 27.5.2008. It is the specific case of the petitioner that he was not in India on 27.5.2008. Annexure A8 copy of the passport establishes that petitioner was not in India on that day. Learned Public Prosecutor also did not dispute this fact. If that be so, when petitioner was not in India, he could not have committed the offence in Kerala on 27.5.2008, as alleged in Annexure A2 complaint. Crl.M.C.3641/2010 3 Therefore continuation of the proceedings against the petitioner is only an abuse of process of the court. Petition is allowed. The cognizance taken on Annexure A2 complaint against the petitioner, first accused in C.C.4240/2009 on the file of Judicial First Class Magistrate Court-II, Kollam alone is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006