BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are charge - sheeted for offences under S.4(1)(A) and S.21 of the Mines and Minerals (Regulation of Development) Act, 1957. The present prosecution is through Annexure - 2 final report filed by the Additional Sub Inspector of Police, Mulanthuruthy Police Station.

(2.) As per S.22 of the said Act, no Court shall take cognizance of any offence punishable under that Act or any Rules made thereunder, except on the complaint in writing made by a person authorised in that behalf by the Central Government or the State Government. As per Annexure - 3 notification dated 05/06/2015, a Police Officer is not a person authorised to prefer the complaint in writing within the meaning of S.22 of the Act. The present final report was filed on 05/06/2015. Therefore, when the notification commenced on 05/06/2015, the present compliant is also hit by the said notification. As on the date of filing of the Final Report, the Additional Sub Inspector of Police was not authorised to file a complaint. Even otherwise, it seems that a police report has been filed in the matter and, therefore, cognizance could not have been taken on such a police report. The person authorised should have filed a complaint in writing in the matter. Therefore, Annexure - 2 is not legally sustainable and the same is liable to be quashed.