IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1148 of 2010() ------------------------- CC.2443/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... (CRIME NO.52 OF 2007 OF CHENGAMANAD POLICE STATION) ... PETITIONER(S): ACCUSED: ----------------------------------------- LALU, S/O AYYAPPAN, AGED 34, THAIKKUDI HOUSE, KUNNUVAZHIKARAYIL, MARAMBILLY VILLAGE, KUNNATHUNADA TALUK, ERNAKULAM DISTRICT. BY ADV. MR.ANIL K.MOHAMMED RESPONDENT(S): STATE: -------------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010 ALONG WITH CRMC.NO.1149 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1148 & 1149 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioner in Crl.M.C.1148/2010 is the accused in C.C.2443/2007 and petitioner in Crl.M.C.1149/2010 is the accused in C.C.2444/2007 on the file of Judicial First Class Magistrate's Court, Aluva taken cognizance for the offences under sections 4(1) (A) read with section 21(1)of Mines & Minerals (Development and Regulation) Act, 1957 and Section 17(4) and 23 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 on the respective Annexure A final reports submitted by the Sub Inspector of Police, Chengamanad under section 173(2) of Code of Criminal Procedure. These petitions are filed under section 482 of Code of Crl.M.C.1148 & 1149 of 2010 2 Criminal Procedure to quash the cognizance taken contending that in violation of mandatory provisions of Section 22 of MMDR Act and Section 25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act,2001, learned Magistrate should not have taken cognizance on the final reports submitted by the Sub Inspector of Police. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. Learned Magistrate has taken cognizance of the offences under the MMDR Act as well as the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 on the final reports submitted by the Sub Inspector of Police after investigation under section 173(2) of the Code of Criminal Procedure. Section 22 of the MMDR Act and Section 25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 mandates that no court shall take cognizance of an Crl.M.C.1148 & 1149 of 2010 3 offence under these Acts except on a complaint filed by an officer authorised under the Act. As the cognizance was taken on the final reports submitted by the Sub Inspector of Police and not on complaints as defined under section 2(d) of Code of Criminal Procedure, the cognizance taken could only be quashed. The position has been settled by this court in Sherif and Others v. Sub Inspector of Police, Konni (2010 (1) KLD 109). Petitions are allowed. The cognizance taken in C.C.2443/2007 and C.C.2444/2007 on the file of Judicial First Class Magistrate's Court-I, Aluva are quashed. But it is made clear that quashing of the cognizance taken will not be a bar for the officer authorised under the Act to file a complaint or the Magistrate to take cognizance on such a complaint as provided under sections 22 of MMDR Act or 25 of the Protection of River Bank and Regulation of Removal of Sand Act. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.1148 & 1149 of 2010 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006