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M.SASIDHARAN NAMBIAR
Abdul Azeez – Appellant
Versus
The State of Kerala – Respondent
The statement that proceedings initiated without a written complaint by an authorized person are invalid is supported by the paragraph stating that the law explicitly requires a complaint in writing from an authorized officer for the court to take cognizance. It emphasizes that proceedings based on a police report or filed by an unauthorized person are not valid and can be challenged for being contrary to the statutory provisions. This is articulated in the paragraph explaining that cognizance can only be taken on a complaint by an authorized officer and that proceedings initiated otherwise are liable to be quashed (!) .
Can cognizance of an offence under the Protection of River Banks And Regulation of Removal of Sand Act, 2001 can be taken on a report filed under Section 173(2) of Code of Criminal Procedure, even if the police officer who submitted the report is an authorised officer under that Act. This is the question to be settled in those petitions.
2. Petitioner in Crl.M.C.3606/2009 is the accused in C.C.141/2008 on the file of Judicial First Class Magistrate-II, Palakkad and petitioners in Crl.M.C.3715/2009 are the accused in C.C.1670/2008 on the file of Judicial First Class Magistrate-II, Pathanamthitta. Judicial First Class Magistrate-II, Palakkad had taken cognizance of the offence under Section 12 read with Section 20 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as 'the Act') on Annexure-A final report filed by Assistant Sub Inspector of Police, Mankara police station on the allegation that on 1-2-2008 at 1.30 a.m, petitioner was illegally transporting river sand without any license or permit and therefore, committed the offences under Sections 12 and 20 of the Act. C.C.1670/2008 was taken cognizance by the learned Mag
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