IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 308 of 2010() ------------------------ CC.1123/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... (CRIME NO.408/2007 OF KALADY POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ RAGHU, AGED 28 YEARS, S/O SUBRAMANIAN, PURAVANATH HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK. BY ADV. MR.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2010 ALONG WITH CRMC.NO.310 OF 2010 AND CRMC. NO.313 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.308,310 &313 OF 2010 =========================== Dated this the 15th day of February,2010 ORDER Petitioner in Crl.M.C.308/2010 is the sole accused in C.C.1123/2007 on the file of Judicial First Class Magistrate Court, Perumbavoor. Petitioner therein is the first petitioner in Crl.M.C.310/2010. Petitioners in Crl.M.C.310/2010 are the accused in C.C.1271/2007 on the file of Judicial First Class Magistrate's Court, Perumbavoor. Petitioner in Crl.M.C.313/2010 is the sole accused in C.C.794/2007 on the file of Judicial First Class Magistrate 's Court, Perumbavoor. Learned Magistrate has taken cognizance of the offences under section4(1A) read with section 21(1) of Minor & Mineral (Development and Regulation Act), 17(4) read with section 23 and Crl.M.C.308,310 & 313 of 2010 2 20 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, on the final reports submitted by the Sub Inspector of Police,Kalady. These petitions are filed under section 482 of Code of Criminal Procedure to quash the cognizance taken on the final reports contending that under section 25 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act,2001, no court shall take cognizance of any offence except on a complaint in writing made by an authorised officer as provided under the Act and as provided under section 22 of the Mines and Minerals (Development and Regulation) Act,1957 learned Magistrate should not have taken cognizance of the offence on a final report submitted by the Sub Inspector of Police, when cognizance could be taken only on a complaint filed by the authorised officer and the cognizance taken are bad in law and therefore are to be quashed. Petitioners also contended that this court in Moosakoya v. State of Crl.M.C.308,310 & 313 of 2010 3 Kerala (2008(1) KLT 538) held that cognizance taken on a final report is not sustainable. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. As mandated under section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act,2001, Magistrate cannot take cognizance of an offence under the Act, except on 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. Similarly an offence under the Mines and Minerals (Development and Regulation) Act, 1957, can be taken cognizance only as provided under section 22 of the Act on a complaint filed by the authorised officer. The question has been settled by the Division Bench decision of this court in Moosakoya's case (supra) approved by the Apex Court in Jeevankumar Raut v. Central Bureau Crl.M.C.308,310 & 313 of 2010 4 of Investigation ( AIR 2009 SC 2763) and a single Bench of this Court in Crl.M.C.3606/2009 & 3715/2009. In such circumstances, the cognizance taken can only be quashed. Petitions are allowed. Cognizance taken in C.C.1123/2007, 1271/2007 and C.C.794/2007 are quashed. It is made clear that quashing of the cognizance taken will not affect the right to file a complaint as provided under section 25 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and Section 22 of Mines & Minerals (Development & Regulation) Act,1957. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006