NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Crime No.792 of 2012 of Kunnathunadu Police Station has filed this petition under Section 482 of the Code of Criminal Procedure to quash Annexure-I F.I.R. and Annexure-II Final Report filed against him by the State/respondent.

(2.) The prosecution allegation is that on 26.8.2012 at about 18 hours, the petitioner was found, stacked river sand illegally, violating the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, 'the Sand Act') in the compound of one Noushad Chemmalakudi at Choorakode Kara Pattimattom village, by the respondent and the same had been seized by the respondent. As the petitioner has violated the provisions of the Sand Act, 2001, Annexure-I F.I.R. No.792 of 2012 of Kunnathunadu Police Station was registered against the petitioner under Section 17(4) read with Section 20 of the Sand Act. Annexure-II is the Final Report submitted by the respondent in which cognizance has been taken by the learned Judicial First Class Magistrate, Kolencherry as C.C.No. 809 of 2013 on 9.9.2013.

(3.) The learned counsel for the petitioner has argued that the learned Judicial First Class Magistrate cannot take cognizance on the Final Report submitted by the respondent and hence the FIR and the Final Report have to be quashed.