IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Crl.MC.No. 462 of 2008() ---------------------------- PETITIONER/ACCUSED: ------------------------- G.VIJAYAKUMARAN NAIR, S/O.R.GOPALA PILLA AGED 58, SAVYASACHINILAYAM, ETTURUTHI, KATTAKADA. BY ADV. SRI.G.S.RAGHUNATH RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION, KATTAKADA. 2. STATE OF KERALA REPRESENTED BY PUBLICL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.462 of 2008 ========================== Dated this the 6th day of February, 2008. O R D E R The petitioner seeks to quash Annexure A1 final report alleging offences punishable under Sections 4(1) r/w Section 21 of the Kerala Mines and Minerals Development Act, 1957 r/w Rule 58 of the Mines and Minerals Conversion Rules, 1967. The case of the prosecution is that the petitioner was found mining sand from 27 cents of property belonging to him and he thereby committed the aforementioned offences. 2. It is the contention of the petitioner that the aforesaid property does not belong to him and it belongs to his brother and that the sand was mined from that property for the purpose of the construction of the building belonging to the petitioner's brother and that this is a false case foisted by the police against the petitioner for demanding the amounts payable by the Kattakada Police Station for the supply of diesel to the police station on credit basis by the petitioner who is running a petrol pump at Kattakkada. CRL. M.C. NO. 462/2008 : 2: 3. It is too early to consider the aforesaid contention of the petitioner. On the averments in the final report, it cannot be said that the alleged offences are not made out. No doubt, mere allegation alone may not amount to proof. The prosecution will have to bring home the guilt of the accused by adducing convincing evidence in support of the allegation. Hence, without prejudice to the right of the petitioner to raise all the defences available to him in law, this Crl. M.C is dismissed. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 462/2008 : 3: