IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.MC.No. 618 of 2010() ----------------------------------- CC.625/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, VARKALA. FIR NO.127/2007 OF KADAKKAVOOR POLICE STATION. .................... PETITIONER/2ND ACCUSED: ------------------------------------------ MANIKANTAN @ BIJU, S/O. SASIDHARAN NAIR, NEDIYAVILA VEEDU, THINAVILA, KEEZHATTINGAL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.M.R.RAJESH, SMT.A.K.PREETHA. RESPONDENT/RESPONDENT: ------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KADAKKAVOOR, THIRUVANANTHAPURAM DIST. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2010, ALONG WITH CRMC NO.619/2010 AND CRMC NO.620/2010 THE COURT ON THE SAME DAY PASSED THEFOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------------- CRL.M.C.NO.618, 619 & 620 OF 2010 ------------------------------------------------------------ Dated 22nd February 2010 O R D E R Second accused in C.C.625/2007 on the file of Judicial First Class Magistrate-I, Varkala is the petitioner in Crl.M.C.618/2010. He is second accused in C.C.166/2009 on the file of same court and the petitioner in Crl.M.C.619/2010. He is also second accused in C.C.339/2007 on the file of same court and the petitioner in Crl.M.C.620/2010. Learned Magistrate has taken cognizance for the offences under Section 4(1) read with Section 2(1) of Mines and Minerals (Regulation and Development) Act, 1957 on the final report submitted by Sub Inspector of Police, Kadakkavoor police station in C.C.625/2007 Crmc 618, 619 & 620/10 2 and C.C.339/2007. C.C.166/2009 was taken cognizance for the offence under Section 12 read with Section 20 and 21 of Kerala Protection of River Banks and Regulation of Removal of Sand Act on a final report filed by Sub Inspector of Police, Kadakkavoor police Station. Petitions are filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that cognizance taken by the learned Magistrate is bad, as it is in violation of Section 25 of Protection of River Banks and Regulation of Removal of Sand Act and Section 22 of Mines and Minerals (Regulation and Development) Act. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Crmc 618, 619 & 620/10 3 3. Under Section 25 of Protection of River Banks and Regulation of Removal of Sand Act, cognizance of an offence under the Act can be taken only on a complaint filed by an officer authorised under the Act. Similarly, under Section 22 of Mines and Minerals (Regulation and Development) Act, cognizance can be taken for an offence under the Act only on a complaint filed by an officer authorised under the Act. Cognizance in all these cases were taken on final reports filed under Section 173(2) of Code of Criminal Procedure by the Sub Inspector. 4. Question whether cognizance taken on a final report is bad or not was settled by this court in Sherif and others v. Sub Inspector of Police, Konni and another (2010 (1) KLD 109) following the Crmc 618, 619 & 620/10 4 Division Bench decision in Moosakoya v. State of Kerala (2008 (1) KLT 538), approved by the Apex court in Jeevankumar Raut v. Central Bureau of Investigation (AIR 2009 SC 2763). In such circumstances, cognizance taken can only be quashed. Petitions are allowed. C.C.625/2007, C.C.166/2009 and C.C.339/2007 on the file of Judicial First Class Magistrate-I, Varkala are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.