VIJAYAN Vs. SUB INSPECTOR OF POLICE, ADOOR

JUDGEMENT

(1.) Petitioners are the accused in CC No. 232/2009 on the file of Judicial First Class Magistrate's Court, Adoor, taken cognizance for the offences under S.20 and S.21 of Kerala Protection of River Banks & Regulation of Removal of Sand Act and R.48(k) read with R.58 of Kerala Minor Mineral Concession Rules on the final report submitted by Sub Inspector of Police Adoor under S.173(2) of Code of Criminal Procedure, after investigation. This petition is filed under S.482 of Code of Criminal Procedure to quash the cognizance taken contending that under S.25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act and R.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 S.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.

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

(3.) Under S.25 of Kerala Protection of River Banks & Regulation of Removal of Sand Act and R.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 S.173(2) of Code of Criminal Procedure by the Sub Inspector.