IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4398 of 2010 ---------------------------------- [CC.NO.1092/2009 OF JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM, CRIME NO.179/2009 OF THE VAZHAKKAD POLICE STATION] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. RISHAJU, S/O.MUHAMMED, KALATHINGAL HOUSE, KARUMANAKAVU, AAKKODE P.O., MALAPPURAM DISTRICT. 2. YOONUS, S/O.MUHAMMED, KANJIRAKKAVIL HOUSE, AAKKODE, MALAPPURAM DISTRICT. 3. MOHAMMED RAFEEQUE P., S/O.AHAMMED, PUTHALATH HOUSE, KODAMPUZHA, FEROOKE COLLEGE P.O., KOZHIKKODE DISTRICT. BY ADVS. SRI.BABU S. NAIR, SRI.K.RAKESH. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4398 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioners are accused in C.C.No.1092/2009 on the file of Judicial First Class Magistrate's Court, Malappuram, taken cognizance for offences under Sections 20 and 21 of Kerala Protection of River Banks and Regulation of Removal of Sand Act. Annexure-B final report submitted by Sub Inspector of Police, Vazhakkad Police Station under Section 173(2) of Code of Criminal Procedure. Petition is filed under Section 482 of the Code of Criminal Procedure to quash the cognizance taken contending that cognizance could have been taken only on a complaint filed by an officer authorised under the Act. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. As held by this Court in Abdul Azeez v. State of Kerala 2010(1) KLT 394 and approved in Ismail v. State of Kerala (2010 (3) KLT 706), learned Magistrate could not have taken cognizance of the offence under the Kerala Protection of River Crl.M.C. No. 4398 of 2010 2 Banks and Regulation of Removal of Sand Act on a final report submitted under Section 173(2) of the Code of Criminal Procedure and cognizance could have been taken only on a complaint filed by an officer authorised under the Act. Hence, the cognizance taken on Annexure B final report can only be quashed. Petition is allowed. C.C.No.1092/2009 on the file of the Judicial First Class Magistrat's Court, Malappuram is quashed. It is made clear that quashing of the cognizance taken would not disentitle the officer authorised under the Act to file a complaint or the Magistrate taking cognizance on such a complaint. M.SASIDHARAN NAMBIAR, JUDGE ln