IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 Crl.MC.No. 3170 of 2011() ------------------------------ CC.224/2009 of JUDL.MAGISTRATE OF FIRST CLASS, NORTH PARAVUR .................... PETITIONER(S): ACCUSED NOS.1-2:- -------------------------------------------- 1. SUBIN,AGED 23 YEARS,S/O.BOSE,MANALIL HOUSE,NEAR MALAYATOOR CHURCH,NILEESWARAM VILLAGE, ALUVA TALUK. 2. PRASANNAN,AGED 43 YEARS,S/O.VIDYADHARAN, PERUTHEL HOUSE,NEAR MALAYATOOR CHURCH, NILEESWARAM VILLAGE,ALUVA TALUK. BY ADVS. SRI.K.SUNILKUMAR SMT.K.S.JEENA REETHA RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,VARAPPUZHA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.3170/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF FINAL REPORT IN C.C. NO.224/2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARAVOOR, ARISING OUT OF CRIME NO.675/2008 OF VARAPPUZHA POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3170 of 2011 ----------------------------------- Dated this the 20th day of September 2011 O R D E R Based on the final report filed by the police under Sec.173(2) Cr.P.C., the learned Magistrate took cognizance of the offences punishable under Secs.20 and 23 r/w 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Sec.25 of the Act reads :- “25. Cognizance of offences.--: No Court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by a person authorised in this behalf by the Government or the District Collector or a Geologist of the Department of Mining and Geology.” In Ismayil v. State of Kerala [2010 (3) KLT 706] it was held by the Division Bench that a police report filed under Sec.173(2) of Cr.P.C. cannot be treated as a complaint for the purpose of the Act. Hence, the cognizance taken by the learned Magistrate based on the police report is bad in law Crl.M.C. No.3170 of 2011 -: 2 :- and as such it is liable to be quashed. 2. It is made clear that a complaint can be filed by a person authorised in that behalf by the Government or the District Collector or a Geologist of the Mining and Geology Department as per Sec.25 of the Act, based on the materials collected by the police officer in connection with that case. Further proceedings in C.C.No.224/2009 of J.F.C.M., North Paravoor is thus quashed. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt