Febin Shan vs. Sub Inspector Of Police - Kerala High Court, 04 October 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940 Crl.MC.No. 5345 of 2018 CRIME NO. 76/2018 OF Payyannur Police Station , Kannur PETITIONER/S: FEBIN SHAN S/O ASHRAF, AGED 23 YEARS, THARIYAKODAN HOUSE, KURMBALANGODE P.O, CHNGATHARA, MALAPPURAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 SUB INSPECTOR OF POLICE PAYYANNURPOLICE STATION, KANNUR DISTSRICT 670307. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682031. 3 THE GEOLOGIST MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION,KANNUR-670001. SRI. ALEX M THOMBRA. SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Petitioner is the accused in S.T.No. 739 of 2018 on the file of Judicial Magistrate of First Class, Payannur. He is alleged to have committed the offence under section 21(1) of the Mining and Minerals (Development and Regulation) Act. The proceedings are sought to be quashed on the ground that it was illegal for the trail court take cognizance of the offence on a police report.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Magistrate took cognizance of the offence on a report filed by the police. Section 22 of the Mining and Minerals (Development and Regulation) Act provides that cognizance can be taken only upon a complaint in writing made by a authorised person. So the order taking cognizance is illegal. In the result, this Crl.M.C is allowed. The proceedings in S.T.No. 739 of 2018 on the file of Judicial Magistrate of First Class, Payannur are quashed. This is not impediment for the authoirsed officer to file a complaint. K.ABRAHAM MATHEW JUDGE SMA APPENDIX PETITIONER'S/S ANNEXURES :- ANNEXURE A1OF THE GST REGISTRATION ISSUED M/SSHA TRADERS AND MINERALS. ANNEXURE A2OF THE TRANSIT PASS ISSUED BYT HE ASSISTANT DIRECTOR OF MINING AND GEOLOGY, ANDHRA PRADESH DATED 10/01/2018 ANNEXURE A3OF THE E-WAY BILL GENERATED FOR TRANSPORTATION OF KERALA. ANNEXURE A4OF G.O(P) 772015/ID DATED 5/06/2015 PUBLISHED VISE S.R.O NO.375/2015 PUBLISHED BY THE GOVERNEMNT ANNEXURE A5OF THE FINAL REPORT IN CRIME NO. 76/2018 REGISTERED BYT HE PAYYANNUR POLICE RESPONDENT(S)' ANNEXURES :- NIL //// PA TO JUDGE SMA