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2024 Supreme(Online)(KER) 46091

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
JOHN.K.PAUL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.PEEYUS A.KOTTAM, GOVERNMENT PLEADER

Table of Content
1. police powers clarified (Para 5)
2. police cannot file complaints (Para 7 , 8 , 10)
3. proceedings quashed (Para 11)

O R D E R

This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 11/2016 on the file of the Chief Judicial Magistrate Court, Ernakulam arising from Crime No. 854/2015 of Kadavanthra Police Station. The petitioners are accused Nos. 1 and 2 in the above case. The above case is charge sheeted alleging offences punishable under Sec.4(1)(A) r/w Sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') and Sec.3 r/w 23 of Kerala Conservation of Paddy Land and Wetland Act, 2008 .

2. The 1st petitioner is the owner-cum-driver of a Tipper Lorry bearing registration No. KL 40A 3564 and the 2nd petitioner is the driver of another lorry bearing Registration No. KL 39D 1123. It is the case of the petitioners that they are earning their livelihood by hiring the said vehicles for rent.

The prosecution case is that on 19.06.2015 at about 11.30 pm, the police party seized the Tipper Lorries bearing Registration Nos. KL 40A 3564 and KL 39D 1123 alleging that the vehicles used for transporting mud earth to the ma

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