NITHYANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the fourth accused in Crime No. 357/02 of Kodungallur Police Station registered by the Sub Inspector of Police Kodungallur for offence under S.23 read with S.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Annexure A is the Final Report submitted in the said case by the Sub Inspector of Police, Kodungallur. The occurrence has taken place on 11/06/2002 and the Final Report is seen submitted on 21/06/2002 before the Judicial First Class Magistrate's Court, Kodungallur. The prayer of the petitioner / A4 in this Crl MC is to quash Annexure A charge as against him which has been taken cognizance of by the Magistrate as Calendar Case 559/02.

(2.) The only contention that is advanced before me by the learned counsel tor the petitioner is that an offence under S.20 of the Act by reason of S.25 of the Act could not have been taken cognizance of by the Magistrate except upon a complaint in writing made by a person authorised in this behalf by the Government or a District Collector or a Geologist of the Department of Mining and Geology.

(3.) Public Prosecutor points out that vide SRO 64/07 published under Government Order (MS). 11/07/RD dated 10/01/2007, the Government in exercise of powers conferred under S.25 of the Act has authorised the Revenue Divisional Officers, Tahsildars etc. including Station House Officers to exercise power to make a complaint in writing in relation to any offence punishable under the Act but the said notification is issued only in 2007 and the occurrence in the case has taken place as early as in 2002. At that time inasmuch as no notification had been issued cognizance of offence could have been taken by the Magistrate only in case a complaint is made by the Government or the District Collector or a Geologist of the Department of Mining and Geology as no one else was authorised in that behalf by the Government. In the instant case, therefore, the Sub Inspector of Police has no jurisdiction to submit a Final Report investigating into the crime.