IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Crl.MC.No. 3720 of 2011() ------------------------------- CC.831/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER(S): ACCUSED ------------------------------- ABDUL JALEEL, S/O.ABDUL KHADER, AGED 45 YEARS, SHAMEER MANZIL, CHITTILANJERI P.O., MELARKODU, ALATHOOR, PALAKKAD. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):COMPLAINANT ------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERLA AT ERNAKULAM REP. BY SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION IN CRIME NO.370/2010. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC. NO. 3720/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE F.I.R. IN CRIME NO.370/2010 OF CHERUTHURUTHY POLICE STATION. ANNEXURE II:COPY OF THE FINALREPORT DATED SUBMITTED BY THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION IN CRIME NO.370/2010 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3720 of 2011 ----------------------------------- Dated this the 23rd day of November 2011 O R D E R Petitioner is the accused in Crime No.370/2010 of Cheruthuruthy Police Station. After conducting investigation, Annexure II final report was filed before the learned Magistrate. Though it is captioned - 'complaint form', the learned counsel for the petitioner submits that it is virtually a report under Sec.173 (2). Simply by showing the caption 'complaint form' it cannot be treated as a complaint which is to be filed by the authorised officer as provided under Sec.25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Since what has been filed before the court is virtually a report under Sec.173(2), cognizance taken on the same is liable to be quashed. 2. Accordingly, this Crl.M.C. is allowed. The cognizance taken in C.C.No.831/2010 on the file of J.F.C.M., Vadakkanchery is quashed. It is open to the authorised officer to file a regular complaint against the accused in respect of the very same subject matter. N.K.BALAKRISHNAN, J UDGE. Jvt