IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 520 of 2008() ------------------------ CC.664/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER: ------------------ SULABHAN, S/O.RAJAN, AGED 42 YEARS, ARACKATHA HOUSE, NAYARAMBALAM, ERNAKULAM. BY ADV. SRI.T.N.SURESH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NKARACKAL BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.520 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of February, 2008 ORDER The revision petitioner is the accused in C.C.No.664/2007 on the file of J.F.C.M-I, Kochi for offences punishable under Sections 17(a) and 23 of the Kerala River Bank Protection and Control of Sand Mining Act, 2001 (hereinafter referred to as “the Act”). 2. The occurrence was on 3.9.06. Cognizance of the offences was taken by the Magistrate on 20.2.07 on the basis of a Police Report filed under Section 173(2)Cr.P.C on 15.9.06. 3. Station House Officers were empowered to file complaints under Section 25 of the Act, only after the notification dated 10.01.07 published in the Kerala Gazzette on 18.1.07. 4. Hence the Station House Officer had no authority to file a Police report prior to the said notification after which alone the Police Officer got the locus standi to file a complaint under the Act. Crl.M.C.No.520 of 2008 2 5. Hence cognizance taken on the basis of the said Police report is bad. Annexure II final report as well as the proceedings in C.C.No.664/2006 on the file of the Judicial First Class Magistrate Court-I, Kochi are accordingly quashed. This Crl.M.C is accordingly allowed. V. RAMKUMAR, JUDGE sj