C.P.SUNAID Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the bar in taking cognizance of offences under The Environment (Protection) Act, 1986, in view of Sec. 19 of the said Act, is fatal for the maintainability of a prosecution instituted on a final report filed by the police in respect of the offence under Sec. 15 of the said Act, is the matter to be decided in this petition.

(2.) The petitioners who are running a hotel at Kannur, were booked by the Kannur City Police for the offence under Sec. 15 of The Environment (Protection) Act, 1986 (hereinafter referred to as 'the Act') for the reconstruction of their hotel without obtaining the clearance from the Kerala Coastal Zone Management Authority. The crime was registered on 7/5/2016 as per the direction of the District Collector, Kannur. After the completion of the investigation, the Sub Inspector of Police, Kannur City filed the final report before the Jurisdictional Magistrate alleging that the petitioners committed offence under Sec. 15 of the Act. The learned Magistrate took cognizance of the offence, admitted the final report to files as C.C.No.1336/2017 and issued summons to the petitioners. Now, the petitioners seek to quash all the proceedings initiated against them consequent to the registration of the said crime stating the reason that Sec. 19 of the Act proscribes taking cognizance of the offence under Sec. 15 of the Act except on a complaint preferred by the authority or person authorised by the said Sec. .

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.