NIZAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is preferred u/S.482 of Code of Criminal Procedure praying that Annexure-II charge in Crime No.874/ 09 of the Sasthamcotta Police Station pending before Judicial First Class Magistrate, Sasthamcotta for offence punishable u/S. 188 IPC and u/Ss. 20 and 21 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, may be quashed by invoking inherent jurisdiction. The allegation is that on 4.12.2009 at 8.45 a.m. the accused was found transporting river sand in a vehicle bearing Registration No.KL 2W 106 east of Karalimukku junction in west Kallada Village by the SubInspector of Police, Sasthamcotta. Accused were arrested and registered Annexure1 FIR. The ground alleged by the petitioner for questioning AnnexureU chargesheet is noncompliance of the necessary requirements in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, therefore, continuance of the trial is a mere abuse of process of Court.

(2.) The inherent powers of the High Court contemplated u/S. 482 Cr.P.C. can be exercised to make such orders necessary to "give effect to any order" under this Code or to prevent "abuse of the process" of any court or to secure "the ends of justice". This power cannot be invoked naturally in a matter where it is covered by a specific provision of the Code. Therefore it means that if the matter in question is not covered by any provision of the Code, it comes into operation, for the three purposes mentioned above. It is true that it cannot be used against doubtful cases of injustice. Apex Court in Talab Haji Hussain v. Madhukar Purushotham Mondker, 1958 AIR(SC) 376 held that the inherent power contemplated under Section 482 Cr.P.C has to be exercised sparingly, carefully and with caution and only where such exercise is justified by the test specifically laid down in the section itself.

(3.) The averment is that the SubInspector of Police, Sasthamcotta registered a case u/S. 25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act against the petitioner in the year 2009. It is true that Kerala River Bank Protection and Regulation of Removal of Sand Act, 2001 was amended in 2013 and before amendment, Section 25 of the Act reads as follows :