IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 3653 of 2010() ------------------------- CC.1017/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED NOS.1 AND 2: --------------------------------------------- 1. PREMKUMAR, S/O.CHANDRAN, AGED 32 YEARS, MELEPLAVILAYIL VEEDU, PERINGALIPPURAM MURI, ERNAKKAD VILLAGE. 2. RADHAKRISHNAN UNNITHAN, AGED 57 YEARS, S/O.KRISHNAN NAIR, KOTTAKKAKATHU HOUSE, CHUNAKKARA NORTH MURI, CHUNAKKARA VILLAGE. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT: ------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3653 & 3659 OF 2010 =========================== Dated this the 6th day of September,2010 ORDER Petitioners are respectively the accused in C.C.1017/2009 and C.C.1461/2008 on the file of Judicial First Class Magistrate's Court, Adoor taken cognizance for the offences under sections 20, 21 & 23 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 on the final report submitted by the Sub Inspector of Police, Pandalam. These petitions are filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken contending that learned Magistrate could take cognizance only on a complaint as provided under the Act filed by an authorised officer. 2. Learned counsel appearing for the Crl.M.C.3653 &3659 of 2010 2 petitioners and learned Public Prosecutor were heard. 3. In both the cases cognizance was taken not on a complaint filed by an authorised officer but on a police report submitted by the Sub Inspector of Police. Hence the cognizance taken is bad in law. The cognizance taken is quashed. It is made clear that the quashing of the cognizance taken will not disentitle an officer authorised under the Act to file a complaint or the learned Magistrate from taking cognizance of the offence on such complaint. Petitions are disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006