IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1184 of 2010() ------------------------- CC.1672/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): ACCUSED: ----------------------------------------- JOMON V.T., S/O.THOMAS, VADAKKETHARA HOUSE, THIRUNALLOOR P.O., CHERTHALA, ALAPPUZHA. BY ADVS. MR.MVS.NAMBOOTHIRY, MR.R.VINU RAJ. RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, CHERTHALA. 3. THE TAHASILDAR, CHERTHALA. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. R1 TO R4 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1184 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioner is the accused in C.C.1672/2009 on the file of Judicial First Class Magistrate's Court-I, Cherthala taken cognizance for the offences under section 17(4) and 23 read with section 20 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 on Annexure AII final report submitted by the Sub Inspector of Police, cherthala. This petition is filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken contending that the learned Magistrate should not have taken cognizance on the final report in violation of mandate provided under section 25 of the Act. 2. Learned counsel appearing for the Crl.M.C.1184/2010 2 petitioner and learned Public Prosecutor were heard. 3. Section 25 of the Act mandates that no court shall take cognizance of an offence under the Act except on a complaint filed by an officer authorized under the Act. As the cognizance was taken on the final report submitted by the Sub Inspector of Police and not on a complaint as defined under section 2(d) of Code of Criminal Procedure, the cognizance taken could only be quashed. The position has been settled by this court in Sheriff and Others v. Sub Inspector of Police, Konni (2010 (1) KLD 109). Petition is allowed. Cognizance taken in C.C.1672/2009 on the file of Judicial First Class Magistrate's Court-I, Cherthala is quashed. It is made clear that quashing of the complaint will not be a bar to the officer authorized under the Act to file a complaint or the learned Magistrate in taking cognizance of the offence on such a complaint as provided under section 25 of the Act. Crl.M.C.1184/2010 3 Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006