IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 3332 of 2011(D) -------------------------------------- [C.C.NO.38/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI] .................... PETITIONER/ACCUSED: ---------------------------------- AMGUSH KESAV, S/O. KESAV, AJMAL QUARTERS, TANUR. BY ADV. SRI.SAJU.S.A. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTER, HIGH COURT OF KERALA, ERNAKULAM. 2. THE REVENUE DIVISONAL OFFICER, TIRUR-676 101, MALAPPURAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTER SMT. R. REMA. THIS CRIMINAL MISC. CASE HAV ING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3332/2011-D: APPENDIX PETITIONER'S ANNEXURE:- ANNEXURE-1: COPY OF THE COMPLAINT DTD. JANUARY 2010 IN C.C. NO. 38/2010 FILED BY THE R.2. BEFORE THE C.J.M. COURT, MANJERI. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3332 of 2011 ----------------------------------- Dated this the 19th day of October 2011 O R D E R Petitioner is the accused in C.C.No.38/2010 on the file of Chief Judicial Magistrate Court, Manjeri. The complaint was filed against him alleging commission of offence punishable under Sec.23 of the Kerala Conservation of Paddy Land and Wet Land Act. The learned counsel for the petitioner submits that the publication under Sec.5(4) was not effected which is a pre-requisite to hold whether there was violation or not. The learned Public Prosecutor submits that though Local Level Monitoring Committee was constituted, that was not published. Similarly, though Data Bank was prepared that also was not published. Hence, the cognizance taken against the accused is bad. As such, it is liable to be quashed. In the result, this Crl.M.C. is allowed. Further proceeding in C.C.No.38/2010 on the file of CJM, Manjeri is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt