Allowed

Vijayan and Others v. the S.I of Police, Adoor and Another

Kerala HC18 Jan 2010Crl.MC/40/2010

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 CrPC to quash cognizance taken against accused persons for offences under the Kerala Protection of River Banks Act and Kerala Minor Mineral Concession Rules, holding that cognizance can only be taken on a complaint by an authorised officer, not on a police final report.

What did the court decide?

Cognizance taken in C.C. No. 232/2009 is quashed; the petition is allowed.

Vijayan and Others Vs the S.I of Police, Adoor and Another — Property and Title | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931

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Crl.MC.No. 40 of 2010()

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--------------------------------CC.232/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR CRIME NO.76/2009 OF ADOOR POLICE STATION. ....................

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PETITIONERS/ACCUSED NO.1 TO 4

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---------------------------------------------------

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1. VIJAYAN, AGED 54 YEARS, S/O. RAGHAVAN, TINTU BHAVANAM, ANDOOR MURI, VALAKAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

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2. JAYAN, AGED 29 YEARS, S/O. DAMODARAN, KULATHUVILAYIL VEEDU, CHATHANNOOR PUZHA MURIYIL ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST.

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3. NANDAKUMAR, AGED 26 YEARS, S/O.GOPINATHA PILLAI, PLAVILAVILA PUTHEN VEEDU, NADUVILA MURIYIL, KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

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4. REJI, AGED 42 YEARS, S/O.PARAMESHWARAN, SASI MANDIRAM, MANNADI MURI, KADAMAPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. MR.V.SETHUNATH

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RESPONDENTS/RESPONDENTS

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----------------------------------------------

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1. THE SUB INSPECTOR OF POLICE, ADOOR.

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2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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M.Sasidharan Nambiar, J.

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Crl.M.C.No.40 of 2010

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ORDER

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Petitioners are the accused in C.C.No.232/2009 on the file of Judicial First Class Magistrate's Court, Adoor, taken cognizance for the offences under Sections 20 and 21 of Kerala Protection of River Banks & Regulation of Removal of Sand Act and Rule 48(k) read with Rule 58 of Kerala Minor Mineral Concession Rules on the final report submitted by Sub Inspector of Police Adoor under Section 173(2) of Code of Criminal Procedure, after investigation. This petition is filed under Section

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482 of Code of Criminal Procedure to quash the cognizance taken contending that under Section 25 of Kerala Protection of River Banks & Regulation of

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Removal of Sand Act and Rule 59 of Kerala Minor Mineral Concession Rules, cognizance can be taken only on a complaint filed by the authorised officer and not on a final report submitted under Section

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CRMC 40/10 2

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173(2) of Code of Criminal Procedure by the Sub Inspector and therefore, when cognizance in this case is taken on a final report, it is to be quashed.

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2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard.

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Under Section 25 of Kerala Protection of

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River Banks & Regulation of Removal of Sand Act and Rule 59 of Kerala Minor Mineral Concession Rules, no court shall take cognizance of the offences punishable under the Act and the Rules, except on a complaint in writing made by a person authorised in this behalf by the State Government or by the competent authority. Cognizance in this case was taken not on a complaint but on the final report submitted under Section 173(2) of Code of Criminal Procedure by the Sub Inspector.

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Following the Division Bench decision of

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this Court in Moosakoya v. State of Kerala (2008 (1) KLT 538), as approved by the Apex Court in

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Jeewan Kumar Raut v. Central Bureau of

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CRMC 40/10 3

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Investigation (AIR 2009 SC 2763), this Court, in Crl.M.C.No.3606/2009, quashed the cognizance taken for the offences under Sections 20 and 21 of Kerala Protection of River Banks & Regulation of Removal of Sand Act holding that cognizance can be taken only on a complaint. In view of the said decisions, cognizance taken on the final report for the offences under Kerala Protection of River Banks & Regulation of Removal of Sand Act as also on Kerala Minor Mineral Concession Rules can only be quashed.

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Petition is allowed. C.C.No.232/2009 on the file of Judicial First Class Magistrate's Court, Adoor is quashed. The fact that cognizance taken is quashed will not be a bar to the competent authority to file a complaint, as provided under Section 25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act and Rule 59 of

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Kerala Minor Mineral Concession Rules.

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18^th January, 2010 (M.Sasidharan Nambiar, Judge) tkv

Vijayan and Others v. the S.I of Police, Adoor and Another

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Vijayan and Others v. the S.I of Police, Adoor and Another

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