Nasar. K vs. The Sub Inspector Of Police - Kerala High Court, 03 January 2019

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940 Crl.MC.No. 18 of 2019 AGAINST STC 943/2018 of J.M.F.C.,PAYYANNUR CRIME NO. 75/2018 of Payyannur Police Station, Kannur PETITIONER: NASAR. K AGED 48 YEARS S/O KUNHUMUHAMMED, KUSHALICHI HOUSE, MANCHANTHODE, MANNARKKAD, PALAKKAD. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: 1 THE SUB INSPECTOR OF POLICE PAYYANNUR POLICE STATION, KANNUR DISTRICT-670 307. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 3 THE GEOLOGIST MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KANNUR-670 001. SRI C S HRITHWIK-PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 18 of 2019 2

ORDER In STC No.943 of 2018 on the file of the Judicial Magistrate of First Class, Payyannur has taken cognizance of the offences under Section 21 (1) of the Mines and Minerals (Development and Regulation) Act 1957 against the petitioner. The proceedings are sought to be quashed on the ground that taking cognizance of the offence on police report is illegal.

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

Section 22 of the Mines and Minerals (Development and Regulation) Act 1957 provides that cognizance can be taken only on a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. The learned Magistrate's taking cognizance on police report is illegal. The order is liable to be quashed.

Crl.MC.No. 18 of 2019 3 In the result, this Crl.M.C. is allowed. The proceedings in STC No.943 of 2018 on the file of the Judicial Magistrate of First Class, Payyannur are quashed. This is not a bar for the authorized person to file a complaint if he is so advised. K.ABRAHAM MATHEW JUDGE MC/03.01.19

Crl.MC.No. 18 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1OF THE GST REGISTRATION ISSUED M/S. SHA TRADERS AND MINERALS. ANNEXURE A2OF THE TRANSIT PASS DATED 06-01-2018 ISSUED BY THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, DEPARTMENT OF MINES AND GEOLOGY, ANDHRA PRADESH. ANNEXURE A3OF THE E-WAY BILL GENERATED FOR TRANSPORTATION TO KERALA. ANNEXURE A4OF THE FINAL REPORT IN STC.NO.943 OF 2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR IN CRIME NO.75/2018 OF PAYYANNUR POLICE. RESPONDENT'S/S EXHIBITS: NIL MC

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