This criminal miscellaneous case concerned a petition filed by the sole accused seeking quashing of proceedings under the Mines and Minerals Act initiated by a police officer who lacked statutory authorization to file complaints.
The proceedings under Crime No. 537/2016 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938
Crl.MC.No. 2787 of 2016 ()
CRIME NO. 537/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PETITIONER/ACCUSED :
ANIL KUMAR AGED 45 YEARS, S/O.NARAYAN KURUPPU, K.V HOUSE, KAVALAYUR DESOM, MANAMBUR P.O., VARKALA TALUK, THIRUVANANTHAPURAM.
BY ADVS.SMT.PRABHA R.MENON SRI.R.MANOJ
RESPONDENT/PROSECUTION :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (ON BEHALF OF THE SUB INSPECTOR OF POLICE, ATTINGAL IN CRIME NO. 537/2016).
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 2787 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 TRUE COPY OF THE REGISTRATION CERTIFICATION OF THE VEHICLE BEARING REG.NO. KL 16 H 3634.
ANNEXRUE A2 TRUE COPY OF THE FIR IN CRIME NO. 537/2016 OF THE ATTINGAL POLICE STATION.
ANNEXURE A3 TRUE COPY OF THE ORDER IN CMP.NO. 1376/2016 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, ATTINGAL
RESPONDENT(S)' ANNEXURES : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
RAJA VIJAYARAGHAVAN V, J.
Crl.M.C.No.2787 of 2016
Dated this the 14th day of June, 2016
O R D E R
"22. Cognizance of offences. - No Court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by
Crl.M.C.No.2787 of 2016 : 2 :
the Central Government or the State Government."
Reading the aforesaid provision would show that cognizance of any offence punishable under the Act or the Rules made thereunder shall be taken only upon a written complaint made by a person authorised in this behalf by the Central Government or the State Government.
4.By virtue of S.R.O. No 375 / 2015 dated 05.06.2015, the Government of Kerala has authorised certain officers to prefer complaints in writing in Court in respect of any offence punishable under the MMDR Act, 1957 and the Sub Inspector of Police, Attingal is not an authorised officer. The learned Counsel relies on the judgment of this Court in Biju and Others V State of Kerala and Another [2015 (5) KHC 821] to buttress his contentions.
Crl.M.C.No.2787 of 2016 : 3 :
officer himself had filed the report before Court under Section 173 of the Code.
quashed and I do so. This will, however not be a bar in proceeding against the petitioner under law, if the same is permissible under law.
The petition is allowed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE.
Bb
[True copy]
P.A to Judge
2 issues framed by the court
Whether the criminal proceedings under the Mines and Minerals Act initiated by an unauthorized officer should be quashed in view of the statutory requirement for a complaint by an authorized person.
Whether the proceedings which are liable to be quashed will constitute a bar to proceeding against the petitioner under the same law if permissible.
Colour shows how this judgement treated each authority
Biju and Others V State of Kerala and AnotherRelied on¶1
Biju and Others V State of Kerala and Another [2015 (5) KHC 821]
3 provisions across 2 enactments
ANIL KUMAR
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
