IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Crl.MC.No. 1568 of 2011() ------------------------------- CC.386/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS, KOLENCHERRY CRIME NO.132/2007 OF KUNNATHUNADU POLICE STATION .................... PETITIONER(S): ACCUSED ------------------------------- SHANAVAS,AGED 32 YEARS,S/O.IBRAHIM, KUTTIKKATHOTTATHIL HOUSE,VALLAM KARA, PERUMBAVOOR VILLAGE,KUNNATHUNADU TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KUNNATHUNADU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1568 of 2011 --------------------------------------- Dated this 31st day of May, 2011 ORDER Petitioner is accused in Crime No.132 of 2007 of Kunnathunadu Police Station and C.C.No.386 of 2007 of the Court of learned Judicial First Class Magistrate,, Kolenchery for offences punishable under Secs. 17(4) and 23 r/w Sec.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, "the Act”). Petitioner challenges cognizance taken against him on the final report submitted by the police under Sec.173(2) of the Code of Criminal Procedure (for short, "the Code:). 2. It is seen that the police submitted a final report under Sec.173(2) of the Code charging petitioner with the offences above stated. Sec.25 of the Act as explained by this Court in Abdul Azeez Vs. State of Kerala (2010(1) KLT 394) is specific that cognizance could be taken only on a complaint. A 'complaint' is defined in Sec.2(d) of the Code does not take in a police report. Hence cognizance taken by the learned Magistrate on the final report is illegal and has to be interfered with. But I make it clear that this order will not stand in the way of the Crl.M.C.No.1568 of 2011 -: 2 :- authorized officer filing a complaint in respect of offence alleged against petitioner subject to the law of limitation and the power of learned Magistrate to condone the delay, if any. Resultantly this criminal miscellaneous case is allowed subject to the observation made above. Cognizance taken by the learned Magistrate on the final report in Crime No.132 of 2007 of Kunnathunadu Police Station and all further proceeding against petitioner in C.C.No.386 of 2007 of the Court of learned Judicial First Class Magistrate, Kolenchery are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-