Kerala High Court
Shaji K.A vs State Of Kerala on 22 January, 2013
Author: T.R. Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
TUESDAY, THE 22ND DAY OF JANUARY 2013/2ND MAGHA 1934
Crl.MC.No. 518 of 2013 ()
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ST.3803/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- II, KOTTARAKKARA.
CRIME NO. 68/2010 OF POOYAPPALLY POLICE STATION , KOLLAM.
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PETITIONER/ACCUSED:
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SHAJI K.A., S/O. ABRAHAM,
ANUGRAHA, CHENKULAM MURI,
POOYAPPALLY VILLAGE, KOTTARAKKARA,
KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
POOYAPPALY POLICE STATION, KOLLAM DISTRICT,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.V.H. JASMINE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22-01-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 518 of 2013
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE FIR AND FIS IN CRIME NO.68/2010 OF
POOYAPPALLY POLICE STATION IN KOLLAM DISTRICT.
ANNEXURE A2 COPY OF THE FINAL REPORT IN S.T. NO.3803/2010 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
KOTTARAKKARA.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
T.R. RAMACHANDRAN NAIR, J.
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Crl. M.C. No.518 OF 2013
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Dated this the 22nd day of January, 2013.
O R D E R
The substantial contention raised by the petitioner herein is that Annexure-A2 is styled as a final report under Section 173(8) of the Code of Criminal Procedure and therefore, in the light of the various judgments of this Court, the entire proceedings will have to be quashed.
2. Reliance is placed on the decisions of this Court in Ismayil vs. State of Kerala (2010 (3) KLT 706) and in Sumesh vs. State of Kerala (2012 (3) KLT 524). The proceedings have been initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. Learned Public Prosecutor submitted that Anneuxre- A2 is filed as a complaint itself in the light of the provisions of the Act. Learned counsel for the petitioner submits that the petitioner has filed an application for discharge before the court below and the same is not being numbered and the now case Crl.M.C.No.518/2013 2 stands posted to 28.01.2013.
If an application for discharge is filed, the same will be considered by the court below in accordance with law.
With the above observation, the Crl. M.C. is disposed of.
T.R. RAMACHANDRAN NAIR JUDGE smp