High Court of Kerala allowed a criminal miscellaneous petition and quashed proceedings in a criminal case instituted under the Mines and Minerals (Development and Regulation) Act for violation of Section 22 mandatory complaint requirements.
Criminal Miscellaneous Case No. 541 of 2016 allowed; C.C.No.1228/2014 and Annexure-A final report 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 B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF FEBRUARY 2016/6TH PHALGUNA, 1937
Crl.MC.No. 541 of 2016 ()
CC 1228/2014 of JUDICIAL FIRST CLSS MAGISTRATE COURT, ALATHUR
PETITIONERS/ACCUSED NO.1 TO 15 :
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1. MUHAMMED KHANI, AGED 56 YEARS, S/O.YUNUS RAWTHER, PEZHUMPARA,
2. BASHEER, AGED 51 YEARS,
3. AJISH, AGED 26 YEARS,
4. GOPAKUMAR, AGED 27 YEARS
5. RUGMANI, AGED 55 YEARS,
6. KAMALAM, AGED 62 YEARS,
7. SULOCHANA, AGED 46 YEARS,
8. PARVATHY, AGED 52 YEARS,
9. PARVATHY, AGED 59 YEARS
10. KAMALAM, AGED 62 YEARS,
Crl.MC.No. 541 of 2016 ()
11. MADHAVI, AGED 44 YEARS, W/O.THEYYAN, THOTTARA, AYILUR NEMMARA, ALATHUR, PALAKKAD.
12. KUNJAMMA, AGED 57 YEARS, W/O.CHATHU, THOTTAKKARA, AYILUR, ALATHUR, PALAKKAD.
13. HAJIRA, AGED 29 YEARS, W/O.YUSAF, VALATHALA, N.S.S.COLLEGE NEMMARA, PALAKKAD.
14. KALU, AGED 64 YEARS, S/O.KANDAN, ARIYAKKODE, N.S.S.COLLEGE NEMMARA, PALAKKAD.
15. HAMEED, AGED 37 YEARS, S/O.SULAIMAN, PUTHENTHARA, MELARKKODE ALATHUR, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/DEFACTO COMPLAINANT & STATE :
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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 541 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A: TRUE COPY OF THE FINAL REPORT IN CRIME NO.93/2014 OF NEMMARA POLICE STATION IN C.C.NO.1228/2014 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
B.KEMAL PASHA, J.
================ Crl.M.C. No. 541 of 2016
=======================
Dated this the 25th day of February, 2016
O R D E R
Petitioners are the accused in C.C.No.1228/2014 of the Judicial First Class Magistrate's Court, Alathur, which has arisen from Crime No.93/2014 of the Nemmara Police Station, for the offence under Section 4(1) read with Section 21 of the Mines and Minerals (Development and Regulation) Act (for short “MMDR Act”).
Crl.M.C. No. 541 of 2016
-: 2 :-
Inspector of Police was authorized to file a complaint within the meaning of Section 22 of the MMDR Act. As per Section 22 of the MMDR Act, no court shall take cognizance of any offence under the said Act except on a complaint in writing by the authorized officer. Even though the Sub Inspector of Police was authorized to file a complaint, it seems that instead of filing a complaint, a final report under Section 173(2) Cr.P.C. was filed in the matter. Unfortunately, the court below has taken cognizance of the offence also.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1228/2014 of the Judicial
Crl.M.C. No. 541 of 2016
-: 3 :-
First Class Magistrate's Court, Alathur and Annexure-A final report in Crime No.93/2014 of the Nemmara Police Station, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
stu
2 issues framed by the court
Whether the court below could take cognizance of an offence under the MMDR Act when the police filed a final report instead of the statutory complaint.
Whether the entire proceedings should be quashed due to non-compliance with Section 22 of the MMDR Act.
3 provisions across 2 enactments
MUHAMMED KHANI and 14 others
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
