IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MRS.JUSTICE K.HEMA WEDNESDAY, THE 10TH DAY OF MARCH 2010/19TH PHALGUNA 1931 Crl.MC.No. 866 of 2007 ( ) -------------------------- (CRIME NO.801/2005 OF THIRUVALLA POLICE STATION) PETITIONER: ------------- DEVAKIAMMA, D/O PARVATHY, AGED 84 YEARS, RESIDING AT SREE SANKARA MANGALAM, VANCHIYOOR P.O. MATHRUBUMI ROAD, TRIVANDRUM. BY ADVS.SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-03-2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- Crl.M.C.No. 866 of 2007 ----------------------------------------- Dated this the 10thday of March, 2010 ORDER This petition is filed to quash Annexure-A1 charge-sheet. Petitioner is 9th accused as per Annexure-A1 charge-sheet. 2. According to prosecution, accused nos.1 to 6 with the connivance of accused nos. 7 to 12 removed sand from their property near Manimalayar on 24.12.2005 from 10 a.m. onwards and thereby they have committed offences under Sections 20, 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 ('the Act' for short) and Minor Mineral Concession Rules, 1967 ('the Rule' for short) . 3. Learned counsel for petitioner submitted that court took cognizance of offences alleged on a charge-sheet laid by police, which is marked as Annexure-A1. The court can take cognizance of offence only on the basis of a complaint filed by an authorised officer, as stated in Section 25 of the Act. The offence is not Crl.M.C.No. 866 of 2007 2 defined under the Act and it is not known what is the offence committed by petitioner. For these reasons, Annexure-A1 may be quashed, it is submitted. 4. On hearing both sides, I find that petitioner is called upon to face a charge under Sections 20 and 21 of the Act. As per Section 20 of the Act,“whoever contravenes any of the provisions of the Act or rules made thereunder shall be punished”. As per Section 21of the Act, “whoever abets any offence punishable by or under this Act or attempts to commit any such offence shall be punished”. 5. The prosecution is not able to state which is the provision of the Act or the Rule which is allegedly violated or contravened by petitioners. The charge-sheet also does not make it clear which is the provision violated. As per Section 20 of the Act the contravention of the provisions of the Act or the Rule would be an offence. 6. As per Section 25 of the Act, there is a clear bar for the court to take cognizance of any offence punishable under the Act, Crl.M.C.No. 866 of 2007 3 except upon a complaint made in writing by a person authorised by the Government or the District Collector or a Geologist of the Department of Mining and Geology. In this case court has taken cognizance of the alleged offences on the basis of a charge-sheet filed under Section 173(2) of the Code of Criminal Procedure. 7. It is also relevant to note as pointed out by learned counsel for accused that, charge-sheet was laid on 30.6.2006 whereas notification by which Sub Inspector is appointed as an authorised officer has come into force only on 10.1.2007. Since there is no complaint made by an authorised officer so notified or the authorities stated in Section 25 of the Act, cognizance of offence taken is clearly illegal. Learned counsel for petitioner also cited a decision reported in Moosakoya v. State of Kerala [2008(1) KLT 538] in support of his argument. In the light of the decision cited above, I find that court ought not to have taken cognizance of offence alleged against petitioner and hence the charge-sheet is to be quashed, so far as it relates to petitioner. Crl.M.C.No. 866 of 2007 4 8. Hence the following order is passed: 1)The charge-sheet Annexure- A1 in so far as it relates to petitioner is hereby quashed. 2)Petitioner shall not be proceeded against on the basis of Annexure-A1 charge-sheet. Petition is allowed. K.HEMA, JUDGE cms