Shanavas vs The State of Kerala

Thomas P. Joseph, J.—Petitioner is accused in Crime No. 132 of 2007 of Kunnathunadu Police Station and C.C. No. 386 of 2007 of the Court of learned Judicial First Class Magistrate, Kolenchery for offences punishable under Sections 17(4) and 23 r/w Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, "the Act"). Petitioner challenges cognizance taken against him on the final report submitted by the police u/s 173(2) of the Code of Criminal Procedure (for short, "the Code").

It is seen that the police submitted a final report u/s 173(2) of the Code charging Petitioner with the offences above stated. Section 25 of the Act as explained by this Court in Abdul Azeez Vs. State of Kerala, is specific that cognizance could be taken only on a complaint. A ''complaint'' is defined in Section 2(d) of the Code does not take in a police report. Hence cognizance taken by the learned Magistrate on the final report is illegal and has to be interfered with. But I make it clear that this order will not stand in the way of the authorized officer filing a complaint in respect of offence alleged against Petitioner subject to the law of limitation and the power of learned Magistrate to condone the delay, if any.

Resultantly this criminal miscellaneous case is allowed subject to the observation made above. Cognizance taken by the learned Magistrate on the final report in Crime No. 132 of 2007 of Kunnathunadu Police Station and all further proceeding against Petitioner in C.C. No. 386 of 2007 of the Court of learned Judicial First Class Magistrate, Kolenchery are quashed.