Partly allowed

Kabeer v. State of Kerala

Kerala HC2 Feb 2016Crl.MC/292/2016

Case brief

AI extract

What is this about?

The Court allowed the criminal miscellaneous petition in part. It quashed offences under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 1967 as they were initiated without a complaint by an Authorised Officer. Proceedings for Section 279 IPC were allowed to continue. Subjects were misidentified in initial scan; corrected as environmental mi

What did the court decide?

Offences under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 1967 are quashed. Proceedings for Section 279 IPC to continue.

Kabeer Vs State of Kerala — Environment and Pollution | Kerala HC (2016)

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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 B.KEMAL PASHA

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TUESDAY, THE 2ND DAY OF FEBRUARY 2016/13TH MAGHA, 1937

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Crl.MC.No. 292 of 2016

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CRIME NO. 976/2012 OF HARBOUR POLICE STATION, ERNAKULAM

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PETITIONER(S)/ACCUSED:

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KABEER, AGED 42 YEARS, S/O.MUHAMMEDALI, KATTIKKODATH THURUTH, WEST VELIYATHUNADU P O, KARIMALUR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP BY SUB INSEPCTOR OF POLICE, HARBOUR POLICE STATION, ERNAKULAM DISTRICT IN CRIME NO 976 OF 2012.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 292 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE 1:-TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 976 OF 2012 OF HARBOUR POLICE STATION, ERNAKULAM DISTRICT

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ANNEXURE 2:-TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE IN CRIME NO 976 OF 2012 HARBOUR POLICE STATION ,ERNAKULAM DISTRICT

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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CRL.M.C. No.292 of 2016

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Dated this the 2^nd day of February, 2016

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O R D E R

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Heard the learned counsel for the petitioner and

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the learned Public Prosecutor.

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The petitioner is the accused in C.C.No.1012 of

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2015 of the Judicial First Class Magistrate’s Court-I, Kochi, which has arisen from Crime No.976 of 2012 of the Harbour Police Station, for the offences punishable under Section 279 IPC and Section 4(1)A read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 etc.

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The allegation against the petitioner is that he was found transporting riven sand by mini tipper lorry bearing registration No.KL-41-1029 in a rash and negligent manner so as to endanger human life at 9.20 a.m. on 27.12.2012.

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Even though the allegation is that he was

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CRL.M.C.No.292 of 2016

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-: 2 :-

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transporting river sand illegally, the offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 have not been incorporated. At the same time, the investigating officer has incorporated the offence under the Mines and Minerals (Development and Regulation) Act, 1957. Whatever it is, when it is not a complaint preferred by an Authorised Officer, the proceedings under the Mines and Minerals (Development and Regulation) Act, 1957 and the offences alleged against the petitioner under the Mines and Minerals (Development and Regulation) Act, 1957 are not legally sustainable. Therefore, the offences alleged against the petitioner under the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 are liable to be quashed. At the same time, the case before the court below can be proceeded with, for the offence under Section 279 IPC.

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In the result, this Cri.M.C is allowed in part and the

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CRL.M.C.No.292 of 2016

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-: 3 :-

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offences alleged against the petitioner under the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 are hereby

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quashed. The court below can proceed with case for the

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offence under Section 279 IPC.

Sd/-

B. KEMAL PASHA,

JUDGE.

DSV/2/2/16