IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Crl.MC.No. 1613 of 2008() ------------------------------------ CC.394/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER(S): 2ND ACCUSED: --------------------------------------------- SHEELA NAPOLEON, AGED 42 YEARS, D/O. MERCY, SHEEN VILLA, NEAR SREE CHITHIRA THIRUNAL MEMORIAL TRUST SCHOOL, KANNANALLOOR, THAZHUTHALA, KOLLAM. BY ADVS. SRI.SAJJU.S SRI.B.BALRAJ RESPONDENT(S): STATE: ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1613/2008 APPENDIX PETITIONER'S ANNEXURES P1:- COPY OF THE FINAL REPORT FILED BY THE S.I. OF POLICE CHATHANNOOR IN CC. 394/2005 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. ------------------------------------------------- Crl. M.C No.1613 OF 2008 ------------------------------------------------- DATED THIS THE 26th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner is the accused in C.C No.394/2005 pending before the Judicial First Class Magistrate Court, Paravoor for commission of offence under Section 279 read with 34 IPC and Section 132 (1) read with 179 of Motor Vehicles Act and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Learned counsel for the petitioner relied on a decision in Rijo V. State of Kerala reported in (2008 (1) KLT 664) in which it is stated that no court is authorised to take cognizance of offence punishable under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 without a properly constituted complaint. Learned Public Prosecutor states that the complaint can be returned under Section 173 (2) of Cr.P.C to the Crl. M.C No.1613/2008 -2- Investigating officer enabling him to file a complaint as contemplated under Section 25 of the Act. Prayer is allowed. CC No.394/2005 pending before the Judicial First Class Magistrate Court, Paravoor will be treated as closed. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge