Allowed

N.P.Kasim v. State of Kerala

Kerala HC1 Feb 2016Crl.MC/8022/2015

Case brief

AI extract

What is this about?

In a criminal miscellaneous case challenging proceedings under the Kerala Protection of River Banks Act, the High Court held that prosecution steps were unsustainable as the case was compounded, the offence was recharacterized under the MMDR Act, and the sand was confirmed as ordinary sand. Consequently, the court allowed the petition and quashed the FIR and all subsequent proceedings.

What did the court decide?

Annexure-A1 FIR in Crime No.633/2014 of the Hosdurg Police Station and all further proceedings based on it are quashed.

N.P.Kasim Vs State of Kerala — Writ and Judicial Review | 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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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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Crl.MC.No. 8022 of 2015

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CRIME NO. 0633/2014 OF HOSDURG POLICE STATION , KASARAGOD

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PETITIONER(S)/2ND ACCUSED:

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N.P.KASIM, AGED 41 YEARS, S/O.T.MOHAMMED, PUNJAVI, P.O.OZHINJA VALAPU, NEELESWARAM(VIA), KANHANGAD, KASARAGODE DISTRICT.

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BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR

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RESPONDENT(S) :

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

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2. THE REVENUE DIVISIONAL OFFICER, KASARGODE, PIN-671 121.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 8022 of 2015

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1: TRUE COPY OF FIR NO.0633/2014 DATED 02.06.2014 OF HOSDURG POLICE STATION.

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ANNEXURE A2: TRUE COPY OF THE PROCEEDING NO.K.DIS-5604/2014/A DATED 21.04.2015.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

B.KEMAL PASHA, J.

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================ Crl.M.C. No. 8022 of 2015

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======================= Dated this the 1^st 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 the learned Public Prosecutor.

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The petitioner is the accused in Crime No.633/2014 of the Hosdurg Police Station, for the offences under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of sand Act, 2001.

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According to the petitioner, the chemical analysis of the sand in question had revealed that it was ordinary sand and not river sand. Based on such a chemical analysis report, his vehicle was released to him by the Revenue Divisional Officer and the offence was compounded, by treating the offence as one under

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Crl.M.C. No. 8022 of 2015

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-: 2 :-

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the Mines and Mineral (Development & Regulation) Act. Even then, the proceedings against him in Crime No.633/2014 still continues.

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The learned Public Prosecutor has reported that a complaint as contemplated under the Provisions of the Kerala Protection of River Banks and Regulation of Removal of sand Act, 2001 has been filed in the matter. The learned counsel for the petitioner has pointed out that, presently, warrant is pending against the petitioner from the said case.

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The learned Public Prosecutor has also pointed out that the subsequent chemical analysis has proved that the sand involved in the case is ordinary sand and not river sand. Considering the said aspect, the offence was treated as the one coming under the MMDR Act and it was compounded.

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When the offence has been compounded and it has come out that the sand involved in the case is ordinary sand, the prosecution steps against the

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Crl.M.C. No. 8022 of 2015

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-: 3 :-

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petitioner in Crime No.633/2014 of the Hosdurg Police Station, are not legally sustainable. Therefore, Annexure-A1 FIR in Crime No.633/2014 of the Hosdurg Police Station and all further proceedings, based on it, are liable to be quashed.

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In the result, this Crl.M.C is allowed and Annexure-A1 FIR in Crime No.633/2014 of the Hosdurg Police Station and all further proceedings based on it are hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

N.P.Kasim v. State of Kerala

Case brief

What is this about?

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N.P.Kasim v. State of Kerala

Case brief

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