IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.MC.No. 3256 of 2008() ------------------------- CC.726/2004 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI CRIME NO.211/04 OF THE NJARACKAL POLICE STATION .................... PETITIONER: ACCUSED: -------------------- JINSON, AGED 29 YEARS, S/O.JOSEPH, KALATHIL HOUSE, GOTHURUTHU, CHENDAMANGALAM VILLAGE ERNAKULAM DISTRICT. BY ADV. SRI.C.P.AJAYAKUMAR SMT.M.K.SHIMI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3256 of 2008 ------------------------------------------------- Dated this the 27th day of August, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Cognizance has been taken as early as in 2004. Charges have already been framed and plea has been recorded, it is submitted. Two witnesses have already been examined before the court below. At this stage, the petitioner has come before this Court with a prayer that the powers under Sec.482 Cr.P.C. may be invoked to quash the proceedings against the petitioner. 2. The only ground raised is that the Assistant Sub Inspector of Police on whose report cognizance has been taken is not competent under Sec.25 of the Kerala Protection of Crl.M.C. No. 3256 of 2008 -: 2 :- River Banks and Regulation of Removal of Sand Act to initiate proceedings. 3. I am not persuaded to agree that at this belated hour after commencement of trial before the court below, it is necessary by this Court to invoke the powers under Sec.482 Cr.P.C. to terminate the proceedings against the petitioner. Needless to say, the petitioner can raise that contention before the learned Magistrate in the trial which has already commenced. The learned Magistrate shall take appropriate decision after considering the contention. 4. With the above observations, this Crl.M.C. is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3256 of 2008 -: 3 :-