A prosecution initiated by the Sub Inspector of Police, Kunnikode Police Station in the Kollam District, against the petitioner herein under Sections 12 and 23 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 is sought to be quashed on the ground that cognizance is possible under Section 25 of the Act only on the report in writing made by an officer authorised by the Government under Sub Section (1) of Section 12 of the Act. In this case, the police wrongly registered FIR, and also submitted final report in court. The case is now pending as S.T. No. 363/2014 before the Chief Judicial Magistrate Court, Kollam. The legal position is covered by the decision of this Court in Sudarsanan M.R. and Others v. State of Kerala [2014(2)KHC 595] that the Sub Inspector of Police is not authorised under Section 12 of the Act, and that cognizance under the said Act is possible only on a complaint made by any Crl.M.C. No. 3728 Of 2014 2 officer authorised by the Government under Section 12. In this stage, there is no such complaint by the authorised officer. On this ground itself, this prosecution is liable to be quashed. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner herein in S.T. No. 363/2014 of the Chief Judicial Magistrate Court, Kollam, will stand quashed under Section 482 Cr.P.C., and the petitioner will stand released from prosecution. The bail bond, if any, executed by him will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE