SANAL E. ISSAC Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this Crl MC is to quash the impugned Annexure - 2 final report / charge - sheet filed in the impugned Anx - 1 FIR in Crime No. 542/2014 of Chingavanam Police Station registered for offences under S.4(1)(A) r/w S.21(1) of the Mines and Mineral Development and Regulation Act (MMDR Act), 1957 and S.3(1) r/w 181 of the Motor Vehicles Act. The petitioner is accused No. 3 in the aforestated impugned criminal proceedings. The main contention urged by the petitioner is that in view of the specific mandate of the provisions contained in S.22 of the MMDR Act, cognizance for the offences envisaged in that act can be taken only on the basis of a complaint in writing of the authorized officer and therefore it is contended that no cognizance could be taken on the basis of a final report / charge - sheet / police report as has been done in the instant case. It is the indisputable case that the FIR in question has been registered by the police for the offences under MMDR Act which has led to the impugned Annexure - 2 final report / charge - sheet. The Supreme Court in the case State of N.C.T of Delhi v. Sanjay, 2014 KHC 4558 : 2014 (3) KLT 1033 : 2014 (3) KHC SN 52 : 2014 (2) KLD 557 : 2014 (4) KLJ 184 : 2014 (9) SCC 772 : 2014 CriLJ 4854 : AIR 2015 SC 75 that no cognizance can be lawfully taken in respect of the offences under the MMDR Act except on the basis of a complaint in writing of the authorized officer. But further it was made clear in that decision, that cognizance in respect of offences under the Indian Penal Code could be taken in accordance with law on the basis of such police report in accordance with law. It is the case of the petitioner, who is the accused No. 3 that the offences alleged against him are only those under S.4(1)(A) r/w S.21(1) of the MMDR Act, 1957 and that the offences under S.3(1) r/w 181 of the Motor Vehicles Act is directed only against the accused No. 1 etc.

(2.) S.3(1) of the Motor Vehicles Act, reads as follows:

(3.) S.181 of the Motor Vehicles Act, 1988, provides as follows: