Dinesh vs. The Sub Inspector Of Police - Kerala High Court, 25 July 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940 Crl.MC.No. 2558 of 2018 CRIME NO. 72/2018 OF PAYYANNUR POLICE STATION , KANNUR PETITIONER(S) :- DINESH S/O. THINNAYYA, AGED 32 YEARS, CHIKKALALE, CHIKKAMANGALORE, KARNATAKA STATE. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S)/STATE & COMPLAINANT :- 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 AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KANNUR - 670 001. R BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2558 of 2018 () APPENDIX PETITIONER(S)' ANNEXURES :- ANNEXURE A1 TRUE COPY OF THE GST REGISTRATION ISSUED M/S. SHA TRADERS AND MINERALS. ANNEXURE A2 TRUE COPY OF THE TRANSIT PASS ISSUED TO THE CONSIGNMENT. ANNEXURE A3 TRUE COPY OF THE E-WAY BILL GENERATED FOR TRANSPORTATION TO KERALA. ANNEXURE A4 TRUE COPY OF THE FIR IN CRIME NO. 72/2018 REGISTERED BY THE PAYYANNUR POLICE. ANNEXURE A5 TRUE COPY RELEASE ORDER DATED 31.01.2018 ISSUED TO RELEASE THE VEHICLE WITH LOAD. RESPONDENT(S)' ANNEXURES :- NIL //TRUE COPY// PA TO JUDGE SMA K.ABRAHAM MATHEW, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2558 of 2018 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2018

O R D E R Petitioner is the accused in Crime No. 72 of 2018 of Payyannur Police Station registered for the offences under sections 4(1)A) and section 21(1) Mining and Minerals (Development & Regulation) Act. The F.I.R is sought to be quashed on the ground that the facts of the case do not attract the offence.

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

The prosecution case is that the petitioner was found transporting silica sand illegally. According to the petitioner he had valid pass. Whether the pass was valid or not is a matter to be ascertained during the investigation. This court cannot decide the genuinenesses of the documents. If the petitioner is so advised he may satisfy the investigating officer or the authority concerned that he had a valid pass.

In the result this Crl.M.C is disposed of directing the petitioner to satisfy the investigating officer or the authority concerned that he did not commit any offence. The investigation shall be concluded expeditiously. K. ABRAHAM MATHEW, JUDGE //// SMA PA TO JUDGE