IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Crl.MC.No. 343 of 2010(E) ------------------------------------ [CC.NO.431/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, PERUMBAVOOR, CRIME NO. 1132/2008 OF KALADY POLICE STATION] .................... PETITIONER/ACCUSED NO.1-2: --------------------------------------------- 1. ARUN, AGED 21 YEARS, S/O.VASUDEVAN, KARIPPARAPARAMBIL HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK. 2. BABU, AGED 47 YEARS, S/O.FRANCIS, MUKKATH HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK. BY ADV. MR.K.SUNILKUMAR. RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2010, ALONG WITH CRL.M.C. NO. 389/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. Nos.343, 350, 354, 389 and 394 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of February, 2010 O R D E R Since a common issue arises for consideration in all these petitions, they are disposed of by a common order. 2. Proceeding's have been initiated against the respective petitioners for offences punishable under section 23 read with sections 20 and 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, herein after referred to as the Act. 3. From the records, it is seen that cognizance was taken on a final report submitted by the police under Section 173(2) of the Cr.P.C. In the decision reported in Moosakoya v. State of Kerala (2008(1) K.L.T. 538), it has been held that cognizance cannot be taken on a police report. Cognizance can be taken only on a complaint filed by the authority concerned. If that be so, the proceedings cannot survive. 4. In the result, these petitions are allowed, all further Crl.MC 343/10 & con. cases 2 proceedings against the petitioners are quashed, reserving the liberty of the State to proceed in accordance with law. P.BHAVADASAN, JUDGE. mn.