IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5005 of 2010() ------------------------ CC.478/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-II, CHERTHALA .................. PETITIONERS / ACCUSED: ------------------------------------- 1. JAYESH, AGED 25, S/O.SHANMUGHAN, PUTHURAPARAMBU, BRAHMAMANGALAM.P.O., CHEMBU, VAIKOM. 2. GITHIN, AGED 23, S/O.THANKAPPAN, MANIKKAMTHARA, PADINJARAKARA.P.O., VAIKOM. 3. UDAYEESH, AGED 27, S/O.KUTTAPPAN, UDAYA BHAVAN, BRAHMAMANGALAM.P.O., VAIKOM. BY ADV. SRI.C.G.RAJ KUMAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 5005 OF 2010 =========================== Dated this the 22nd day of December,2010 ORDER Petitioners are the accused in C.C.478/2010 on the file of Judicial First Class Magistrate Court-II, Cherthala taken cognizance for the offence under section 17(4) read with section 20 and 23 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and section 4(1) read with section Kerala Mines and Minerals (Development and Regulation) Ac 1957 and Rule 58 of Kerala Mines and Mineral Concession Rules on Annexure B final report submitted by Sub Inspector of Police, Poochakkal. Petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that cognizance could not have been taken on a final report and as cognizance could have been taken only on a Crl.M.C.5005/2010 2 complaint as provided under the Acts, the cognizance is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public prosecutor were heard. 3. The question is covered by the Division Bench of this court in Ismail & others v. State of Kerala & Others (2010(3) KLT 706). As cognizance was taken on the final report submitted under section 173(2) of Code of Criminal Procedure, cognizance taken can only be quashed. Petition is allowed. Cognizance taken in C.C.478/2010 on Annexure B final report filed under section 173(2) of Code of Criminal Procedure is quashed. It is made clear that quashing of the cognizance will not prevent the officer authorised under the Act to file a complaint or the learned Magistrate to take cognizance on such complaint. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.5005/2010 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006