IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 1694 of 2010() ------------------------------------- C.C.NO.681/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOCHI. CRIME NO.1195/2009 OF NJARAKKAL POLICE STATION. ................. PETITIONERS/ACCUSED ------------------------------------ 1. ABHILASH, S/O.ALI, AGED 28 YEARS, DRIVER, VALIYAKATH HOUSE, EDAVANAKKAD P.O., KOCHI TALUK, ERNAKULAM DISTRICT. 2. NANDANAN, S/O.KUNJAN BAVA, AGED 52 YEARS VETTUVELITHARA HOUSE, NAYARAMBALAM P.O., KOCHI TALUK, ERNAKULAM DISTRICT. 3. SUDHEER, S/O.UMMER V.P., AGED 33 YEARS, DRIVER, VALILYAKATH HOUSE, EDAVANAKKAD P.O., KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT/COMPALINANT. ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE, IN CRIME NO.1195/2009 OF NJARAKKAL POLICE STATION. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1694 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioners are the accused in C.C.681/2009 on the Judicial First Class Magistrate's court, Kochi, taken cognizance of the offences under Section 17(4) and 23 read with Section 20 of River Bank Protection and Control of Sand Mining Act. Learned Magistrate has taken cognizance on Annexure-2 final report submitted by Sub Inspector of Police, Njarakkal Police Station. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that learned Magistrate could not have taken cognizance on a final report submitted by the Sub Inspector. The Crmc 1694/10 2 position has already been covered by the decision of this court in (Abdul Azeez v. State of Kerala (2010 (1) KLT 394). As cognizance was not taken on a complaint but on a final report filed under Section 173(2) of Code of Criminal Procedure the cognizance taken can only be quashed. But it is made clear that quashing of the cognizance taken will not affect the right of the competent officer to file a complaint or the court taking cognizance on such complaint in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.