IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4433 of 2010() ------------------------- CC.19/2010 of JUDL.FIRST CLASS MAGISTRATE COURT II, ALUVA .................... (CRIME NO.1618/2009 OF NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT) .......... PETITIONER(S): ACCUSED: ----------------------------------------- VARGHESE, S/O.PAULOSE, AGED 42, KARUMATHY HOUSE, NEDUVANOORKARA, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM (DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): STATE: --------------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4433 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER Petitioner the accused in C.C.19/2010 on the file of Judicial First Class Magistrate Court-I, Aluva taken cognizance for the offence under section 4(1A) and 21(1) of Mines & Minerals (Development and Regulation) Act, 1957 and Section 17(4), 23 of Kerala Protection of River Banks & Regulation of Removal of Sand Act, filed this petition under section 482 of Code of Criminal Procedure contending that learned Magistrate could not have taken cognizance for the offence on Annexure A final report under section 173(2)of Code of Criminal Procedure when cognizance could be taken only on a complaint filed by an officer authorised under the Acts. 2. Learned counsel appearing for the Crl.M.C.4433/2010 2 petitioner and learned Public Prosecutor were heard. 3. The question whether cognizance could be taken on a final report filed under section 173(2) of the Act and whether the final report submitted by a police officer who may be an officer authorised under the Act was settled by this court in Ismail v. State of Kerala (2010 (3) KLT 706.) In view of the decision, the cognizance taken can only be quashed. Petition is allowed. C.C.19/2010 on the file of Judicial First Class Magistrate Court-I, Aluva is quashed. It is made clear that quashing of the complaint will not a bar for the officer authorised under the Acts to file a complaint or for the learned Magistrate to take cognizance on such complaint. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006