IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 466 of 2006() ------------------------------------ CC.NO. 281/2003 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO.218/2003 OF KASARAGOD POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------------------------- 1. A.H.KAMARUDHEEN, S/O.HASSAN, DELI HOUSE, KOLANADU VILLAGE. 2. N.SUDHAKARAN, S/O.NARESAN, KEEZHOOR, KOLANADU VILLAGE. 3. B.SANTHOSH, S/O.BALAN, KEEZHOOR, KOLANADU VILLAGE. 4. K.A.ABDUL KHADER, S/O.ABDULLA, KADAYAMKODE HOUSE, MALAPARAMBA, KOLANADU VILLAGE. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE BY ADV. SRI.SOJAN MICHAEL RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA-REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.466/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX I COPY OF THE FIR IN CRIME NO.218/2003 OF KASARAGOD POLICE STATION ANNEX II COPY OF THE CHARGE SHEET IN CRIME NO.218/2003 OF KASARAGOD POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 466 OF 2006 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. Petitioners are accused No.1 to 4 in Crime No.218/2003 registered by Kasaragod Police Station for offences punishable under Section 3 and 5 of Noise Pollution (Regulation and Control) Rules, 2000 and Section 15 of Environment (Protection) Act, 1986 now pending as CC No.281/2003 on the file of Chief Judicial Magistrate, Kasaragode. Learned counsel for the petitioners submits that there is no complaint by any authorised officer before the learned Magistrate. Therefore, the initiation of proceedings against the petitioner is a clear violation of the mandate under section 19 of the Environment (Protection) Act, 1986. Learned Public Prosecutor also fairly states that no such report was filed by the authorised officer of the Central Government. In that view of the matter CC No.281/2003 pending before the Chief Judicial Magistrate, Kasaragod be treated as closed. Crl.M.C is allowed. Sd/- B.P. RAY, JUDGE. AMG