K.M. Joseph, J.

1. The common question which arises in all these cases on a reference made by a learned Single Judge of this Court is 'whether a police report submitted under Section 173 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) can be treated as a complaint for the purpose of taking cognizance under Section 25 of the Protection of River Bank and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the 'Act') ?

2. The learned Single Judge of this Court (incidentally the very same Judge who passed the order of reference has in Mohanan v. S.I. of Police (2008 (1) KLT 560) which was decided on 22.1.2008 proceeded to take the view that the word 'complaint' has not been defined under the Act and the police report satisfies the essential requisites of a complaint and since an officer in charge of a police station is one of the authorised officers under the Act even if the report is submitted under Section 173 (2) of the Code it can be treated as a complaint. Learned Single Judge took the view in the said decision that there is no illegality in the Court taking cognizance on the basis of the said report. A Division Bench of