IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 584 of 2010 --------------------------------- [C.C. NO.513/2009 OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, ADOOR] ........ PETITIONER/ACCUSED NO.2: ------------------------------------------ JYOTHI @ JYOTHIKUMAR S/O. GOPALA PILLA, MULAMBUZHA KUZHIYILETH HOUSE,MULAMBUZHA,PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.SUNNY MATHEW. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.584 of 2010 -------------------------- ORDER Petitioner is the second accused in C.C.No. 513/2009 on the file of Judicial First Class Magistrate's Court, Adoor, taken cognizance for the offences under Sections 20, 21 and 23 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 on Annexure-A1 final report submitted by Sub Inspector of Police, Pandalam under Section 173(2) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that cognizance was taken in violation of the mandatory provisions under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, as cognizance could be taken only on a complaint filed by an officer authorised under the Act. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The question is whether cognizance could be taken for an offence under the Act on a final report CRMC 584/10 2 submitted by the police under Section 173(2) of Code of Criminal Procedure, in violation of the mandatory provisions under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 that no court shall take cognizance of an offence under the Act, except on a complaint filed by an officer authorised under the Act. The question has been settled by this Court in Abdul Azeez and others v. State of Kerala and others (2010 (1) KLD 109) and Division Bench of this Court in Moosakoya v. State of Kerala (2008 (1) KLT 538), as approved by the Apex Court in Jeewan Kumar Raut v. Central Bureau of Investigation (AIR 2009 SC 2763). Hence, the cognizance taken can only be quashed. Petition is allowed. C.C.No.513/2009 on the file of Judicial First Class Magistrate's Court, Adoor is quashed. 19th February, 2010 (M.Sasidharan Nambiar, Judge) tkv