IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1498 of 2009() ------------------------------------ CC.768/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM. CRIME NO.130/2002 OF CHERANELLUR POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------- 1. RAHMATHALI,S/O.ALIYAR, AGED 40 YEARS,ELAVANGATTU HOUSE, NEERIKODU KARA,ALANGAD VILLAGE. 2. ALI,S/O.BEERAVU,AGED 55 YEARS, MANAPARAMBIL,KOTTAPURAM KARA, ALANGAD VILLAGE,PARAVUR TALUK. BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,REP.BY SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION IN CRIME NO.130/2002. PUBLIC PROSECUTOR MR.JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1498 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I FIR in C.C.768/2003 on the file of Judicial First Class Magistrate-II, Ernakulam in Crime 130/2002 of Cheranellur Police station. Case against petitioner is that he committed offences under Section 12(10), 17(4) and 23 of Kerala Protection of River Banks Regulation of Sand Mining Act, 2001. Case was taken cognizance on a complaint filed by Sub Inspector of Police and Annexure-II the final report was filed on 21/11/2002. Station House officers were authorised to file complaint under G.O(MS) No.11/07/RD dated 10/1/2007 and till then a Sub Inspector has no jurisdiction to file a complaint. When he has authority cognizance cannot be taken on such a complaint. The question is settled by this court in Rijo v. State of Kerala and another (2008 (1) KLT 664). 2. Allegation against the petitioner is CRMC 1498/09 2 that he committed offences under Sections 12(10), 17 (4) and 23 of Kerala Protection of River Banks Regulation of Sand Mining Act, 2001. As the Sub Inspector was not authorised to file complaint under Section 25, till 18/1/2007, the Magistrate was not competent to take cognizance of the complaint on 21/11/2002. Hence the cognizance taken was bad in law. Petition is allowed. C.C.768/2003 on the file of Judicial First Class Magistrate-II, Ernakulam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.