IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Crl.MC.No. 170 of 2010() ---------------------------------- CC.865/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/ACCUSED NO.2 ----------------------------------------- JYOTHI @ JYOTHIKUMAR, S/O. GOPALA PILLA MULAMBUZHA KUZHIYILETH HOUSE, MULAMBUZHA, PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.SUNNY MATHEW, MR.SREEJITH.S.R. RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01/2010, ALONG WITH CRMC NO.175 OF 2010 AND CRMC NO.176 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 170,175 &176 OF 2010 =========================== Dated this the 22nd day of January,2010 ORDER Petitioner is the second accused in C.C.865/2008, 549/2009 & 1563/2008 on the file of Judicial First Class Magistrate Court, Adoor taken cognizance for the offences under sections 20,21 and 23 of Kerala Protection of River Banks and Regulation of Removal of Sand Act,2001(hereinafter referred to as the Act) on Annexure A1 final report submitted by the Sub Inspector of Police, Pandalam after investigation. Petitions are filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken and the proceedings pending before the Magistrate contending that as provided under section 25 of the Act, cognizance can be taken only on a Crl.M.C.170,175 & 176 of 2010 2 complaint filed by the authorised officer and as cognizance has been taken by the learned Magistrate on the final report submitted after investigation under section 173(2) of Code of Criminal Procedure, the cognizance taken is to be quashed. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. Section 25 of the Act provides that a cognizance of the offence under the Act can be taken only on a complaint filed by an officer authorised as provided under the Act. Even if the Sub Inspector of Police is an authorised officer, he can only file a complaint based on which alone Magistrate can take cognizance of the offence under the Act. As held by the Division Bench of this Court in Moosakoya v. State of Kerala (2008(1) KLT 538) as approved by the Apex Court in Jeewankumar Raut v. Central Bureau of Investigation (AIR 2009 SC 2763) and followed by this court in Crl.M.C.170,175 & 176 of 2010 3 Crl.M.C.3606/2009 & 3715/2009, the cognizance taken can only be quashed. Petitions are allowed. C.C.865/2008, C.C.549/2009 & C.C.1563/2008 on the file of Judicial Magistrate of First Class, Adoor are quashed. But quashing of the complaint will not be a bar for the officer authorised under the Act to file a complaint in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006