Ajayan vs State Of Kerala on 8 April, 2016

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Kerala High Court

Ajayan vs State Of Kerala on 8 April, 2016

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

                     Crl.MC.No. 7447 of 2016 ()
                     ---------------------------

CRIME NO. 1427/2014 OF VADAKKANCHERY POLICE STATION , TRISSUR


PETITIONER(S)/PETITIONER/ACCUSED NO.2:
-------------------------------------

            AJAYAN,
            S/O.MADHAVAN,KIZHUPPULLI VEEDU,THRIKKUR DESOM,
            THRIKKUR VILLAGE.


            BY ADV. SRI.P.M.ZIRAJ

RESPONDENT(S)/RESPONDENT/COMPLAINANT:
-------------------------------------

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT
            ERNAKULAM-682031.


             BY PUBLIC PROSECUTOR SRI.AMJAD ALI

       THIS CRIMINAL MISC. CASE  HAVING COME UP FOR ADMISSION  ON
02-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7447 of 2016 ()
---------------------------

                              APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------


ANNEXURE 1     TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME
NO.1427/2014 OF WADAKANCHERY POLICE STATION,THRISSUR DISTRICT.

ANNEXURE 2     TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SUB
INSPECTOR OF POLICE IN CRIME NO.1427/2014 OF WADAKANCHERY POLICE
STATION, THRISSUR DISTRICT

ANNEXURE 3     TRUE COPY OF THE ORDER DATED 08.04.2016 IN
CRL.M.C.2364 OF 2016.

RESPONDENT(S)' EXHIBITS : NIL
-----------------------


                                                        //TRUE COPY//



                                                         P.A.TO JUDGE
sm



               RAJA VIJAYARAGHAVAN.V., J
                - - - - - - - - - - - - - - - - - - - -
                   Crl.M.C. No. 7447 of 2016
                    - - - - - - - - - - - - - - - -
                  Dated 2nd November, 2016
             - - - - - - - - - - - - - - - - - - - - - - - -

                               ORDER

1.The petitioner is the accused in C.C. No.1088 of 2015 on the file of the Judicial Magistrate of the First Class, Wadakanchery. The aforesaid case has been taken cognizance of by the court below for the offence punishable under Section 4(1) read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'MMDR Act, 1957" for brevity) on the basis of Annexure-2 final report laid by the Sub Inspector of Police, Wadakanchery Police Station.

2.It is beyond cavil that for a Court to take cognizance of any offence punishable under the MMDR Act, 1957, a complaint in writing is to be made by a person authorised in that behalf by the Central Government or the State Government. No such complaint as mandated under law has been filed in the instant case so as to enable the Court Crl.M.C. No.7447 of 2016 -2- to take cognizance of the offence. Annexure-2 final report laid by the Sub Inspector of Police, Wadakanchery will not satisfy the requirement under the Act. This said view has been taken by a Division Bench of this Court in Digil and Another v. Sub Inspector of Police, Kunnamkulam Police Station (2013 (1) KLT 600), and in a slew of other cases.

3.Having regard to the facts and circumstances, the proceedings against the petitioner in C.C.No.1088 of 2015 of the Judicial Magistrate of the First Class, Wadakanchery are quashed. However, the fact that the cognizance taken is quashed would not be a bar to lodging of a complaint by a competent officer as provided under Section 22 of the MMDR Act, 1957, if the same can be maintained under law.

      This petition is disposed off.      Sd/-

                                  RAJA VIJAYARAGHAVAN.V.,
                                              JUDGE

kp/-5.11.16

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