SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos. 1 to 5 in CC No. 958/03 on the file of the Judicial First Class Magistrate's Court, Mavelikkara (JFCM Court) for an offence punishable under S.15 of the Environment (Protection) Act, 1986 (hereinafter referred to as 'the Act'), registered on the basis of Annexure II final report laid by the Sub Inspector of Police, Kurathikad after due investigation into Annexure I crime.

(2.) It is vehemently contended before me by the learned counsel for the petitioners that the learned Magistrate should not have taken cognizance of the offence in view of the bar under S.19 of the Act, as no complaint has been made by any competent officer and a final report of the nature of Annexure II could not have been taken cognizance of by the learned Magistrate. The relevant portion of S.19 of the Act, which come up for consideration in this context, is extracted below:

(3.) Learned Public Prosecutor submits that Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as 'the Rules'); has defined the authority vide R.2(c) thereof. R.2(c) of the Rules is extracted below for easy reference: