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2014 Supreme(Ker) 130

P.D.RAJAN
Aniyappan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:A. Sreekala, Advocate.
For the Respondents: Reji Joseph, Public Prosecutor.

Judgment

1. This is a petition filed by 18 persons u/s. 482 of the Code of Criminal Procedure Code 1973 (short Code) praying that Annexure-A2 in crime 1349/2010 of the Vaikom Police station, pending before the Judicial First Class Magistrate Court-I, Vaikom in S.T.No.1519/2011 U/s.4(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'Act' for short) r/w. Section 21 (1) of the Act may be quashed. The Sub Inspector of Police, Vaikom arrested the petitioners, registered Annexure-A1 FIR and charge sheeted them in the above case. The grounds urged for quashing the charge was violation of mandatory provisions contained in the Act and if trial is continued without considering the violation, it will end in acquittal which amounts to abuse of the process of court.

2. The allegation is that on 15.12.2010 at 9 a.m., the petitioners had collected clams, the recent lime shells accumulated over the lake bed of Vembanad lake, measuring below 15 mm from T.V. Puram in Vaikom Village against the Government order. The Sub Inspector of Police detected the offence and seized 1490 kg clams collected by the petitioners and their 18 boats from the place of o


































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