BHARATHIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. is filed for quashing Annexure -2 Final Report filed by the second respondent Sub Inspector of Police, Piravom Police Station, before the Judicial First Class Magistrate's Court, Piravom, against the petitioners alleging the offence under Section 21 read with Section 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957.

(2.) Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondents.

(3.) Learned counsel for the petitioners submits that the second respondent is incompetent to file a Final Report like Annexure -2 alleging the offence under Section 21 read with Section 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957 as it is hit by Section 22 of the said Act. Therefore, as specified under Section 22 of the said Act, based on Annexure -2 Final Report, a court cannot take cognizance of the offence alleged therein. The submissions so made by the learned counsel for the petitioners are not disputed by the learned Public Prosecutor.