IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5011 of 2010() ----------------------- CC.637/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-II, CHERTHALA ................... PETITIONERS / ACCUSED: -------------------------------------- 1. SIVADASAN, AGED 41, S/O.AYYAPPAN, VIRIPPAKKAL HOUSE, BRAHMAMANGALAM.P.O., VAIKOM. 2. SUKUMARAN, AGED 58, S/O.VELAYUDHAN, SUBINALAYAM HOUSE, KULASEKHARAMANGALAM P.O., VAIKOM. 3. RATEESH, AGED 30, S/O.KRISHNAN, POOCHALODIYI HOUSE, CHEMBU.P.O., VAIKOM. BY ADV. SRI.C.G.RAJ KUMAR RESPONDENT / RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 5011 OF 2010 =========================== Dated this the 22nd day of December,2010 ORDER Petitioners are the accused in C.C.637/2010 on the file of Judicial First Class Magistrate Court-II, Cherthala taken cognizance for the offences under section 17 read with section 20, 21 and 23 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 on Annexure B final report submitted by the Sub Inspector of Police, Poochakkal under section 173(2) of Code of Criminal Procedure. Petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that it is in violation of Section 25 of the Act. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Crl.M.C.5011/2010 2 3. In view of the decision of the Division Bench of this court in Ismail and others v. State of Kerala & others (2010(3) KLT 706) the cognizance taken can only be quashed. Petition is allowed. Cognizance taken in C.C.637/2010 on the file of Judicial First Class Magistrate Court-II, Cherthala on Annexure-B final report submitted under section 173(2) of Code of Criminal Procedure is quashed. It is made clear that quashing of the cognizance will not affect the right of the officer authorised under the Act to file a complaint or the learned Magistrate to take congizance on such complaint. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006