IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Crl.MC.No. 3785 of 2007() ------------------------- AGAINST THE ORDER IN (FORMER NO.412/2003) IN CC.836/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: 2ND ACCUSED ----------------------- RIJO, S/O. DEVASSY, AGED 25 YEARS, NETTIKKADAN HOUSE, CHERUKADAPPURAM, PUTHENVELIKKAD, PARARU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHENGAMANAD. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: “CR” V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3785 of 2007 * * * * * * * * * * * * * * * * * * Dated: 30-01-2008 ORDER The petitioner who is the 2nd accused in Crime No. 17 of 2003 on the file of the Chengamanad Police Station for offences punishable under Sections 12 (2), 20, 48 (k) AND 58(1) of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 was charge-sheeted along with the first accused by the Sub Inspector of Police, Chengamanadu on 20-2-2003. On 20-3-2003 the J.F.C.M.I, Aluva took cognizance of the offences and registered the case as C.C. 412 of 2003. Subsequently, the case against the petitioner who was absconding was split up and re-filed as C.C. 836 of 2006. 2. The prayer of the petitioner is to quash Annexure I charge- sheet and the subsequent proceedings initiated as C.C. No. 836 of 2007 before the J.F.C.M. I , Aluva. 3. Sec. 25 of the aforesaid Act enjoins that 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 Crl.M.C. No. 3785 of 2007 -:2:- Department of Mining and Geology. The police were not authorised under Section 25 of the said Act until 18-1-2007 when as per G.O. (Ms) No. 11/07/RD dated 10-01-2007 published in the Kerala Gazette dated 18-01-2007 Station House Officers were also given the power to file a complaint under Section 25 of the Act. Hence, the Magistrate had no jurisdiction to take cognizance of the offences on the basis of a police report filed prior to the aforesaid notification. The cognizance taken is, therefore, bad in law. Consequently, C.C. No. 836 of 2007 pending before the J.F.C.M. I, Aluva will stand quashed. This Crl. M.C. is allowed as above. Sd/-V. RAMKUMAR, (JUDGE) ani. /true copy/