IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Crl.MC.No. 622 of 2011 -------------------------------- [CC.NO.525/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PARAVOOR, CRIME NO.431/2010 OF THE CHATHANNOOR POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- SISIRAN, AGED 28 YEARS, S/O. RAMACHANDRAN, REEJA MANDIRAM, PALLIMON CHERY THEKKE BHAGOM, PALLIMON VILLAGE, CHATHANNOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.622 of 2011 -------------------------------------- Dated this the 28th day of February, 2011. ORDER Learned Public Prosecutor takes notice for the respondent. 2. Petitioner is accused in C.C.No.525 of 2010 of the court of learned Judicial First Class Magistrate, Paravoor and chargesheeted for offences punishable under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001(for short, “the Act”). According to the petitioner, cognizance taken on a final report submitted by the Police under Section 173(2) of the Code of Criminal Procedure (for short, “the Code”) is illegal in the light of the decision of this Court Sheriff and others v. Sub Inspector of Police, Konni and another (2010 (1) KHC 388). Grievance of the petitioner is that though petitioner filed Annexure-C, petition (C.M.P.No.9021 of 2010) before learned Magistrate on 20.08.2010 requesting to stop proceeding under Section 258 of the Code, no order has been passed on the said petition. Hence it is prayed that learned Magistrate may be directed to dispose of Annexure-C, petition at the earliest. 3. Having heard learned counsel for petitioner and the learned Public Prosecutor I do not find reason to disallow the request made by the petitioner. Resultantly this petition is disposed of directing learned Judicial Crl.MC No.622/2011 2 First Class Magistrate, Paravoor to dispose of Annexure-C, petition – C.M.P.No.9021 of 2010 dated 20.08.2010 as early as possible as provided under law if it has not already been disposed of. THOMAS P.JOSEPH, Judge. cks