IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3888 of 2010 ---------------------------------- [CC.NO.107/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR, CRIME NO. 4/2008 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT] .................... PETITIONERS/PETITIONERS: ------------------------------------------ 1. KOSHI, S/O. GEORGE, AGED 48 YEARS, 'LINCY BHAVANAM', THUVAYOOR VADAKKU MURI, NELLIMUKAL, ERATHU VILLAGE, PATHANAMTHITTA DIST. 2. DANIYEL KUTTY @ RAJAN, S/O. GHEE VARGHESE UNNUNNI, AGED 48 YEARS, 'SHERLI BHAVANAM', EDAKKATTU MURI, PORUVAZHI VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT/RESPONDENT: ------------------------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3888 of 2010 -------------------------- ORDER Petitioner, the accused in C.C.No.107/2008 on the file of Judicial First Class Magistrate's Court, Adoor, filed this petition under Section 482 of Code of Criminal Procedure to quash the cognizance taken for the offences under Sections 20 and 21 of Kerala Protection of River Banks & Regulation of Removal of Sand Act (hereinafter referred to as 'the Act') on Annexure-A1 final report submitted by Sub Inspector of Police, Enathu contending that cognizance could have been taken only on a complaint filed by an officer authorised under the Act and not on a final report submitted under Section 173(2) of Code of Criminal Procedure. 2. Annexure-A1 final report shows that cognizance was taken by the learned Magistrate on a final report submitted under Section 173(2) of Code of Criminal Procedure and not on a complaint filed CRMC 3888/10 2 by an officer authorised under the Act. As held by this Court in Abdul Azeez v. State of Kerala (2010 (1) KLD 109) and Ismail v. State of Kerala (2010 (3) KHC 677), cognizance taken on a final report submitted under Section 173(2) of Code of Criminal Procedure for an offence under the Act could only be quashed, as cognizance could have been taken only on a complaint submitted by an officer as provided under Section 25 of the Act. Petition is allowed. The cognizance taken in C.C.No.107/2008 on the file of Judicial First Class Magistrate's Court, Adoor on Annexure-A1 final report is quashed. It is made clear that quashing of the cognizance taken will not affect the rights of the officer authorised under the Act to file a complaint or the learned Magistrate to take cognizance of the offence, in accordance with law. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv