The petitioners herein are the accused numbers 1 and 2 in crime No.77/2014 of the Rajapuram Police Station of Kasaragod District, registered under Sections 20 and 21 of the Kerala Protection of River Bank and Regulation of Removal of Sand Act 2009 Section 279 of IPC, and under Section 185 of the Motor Vehicles Act. Finding that investigation and final report as meant under the law is not possible, the police later filed a complaint before the learned Magistrate under Section 190 of Cr.P.C. Annexure A1 is copy of the said complaint. Though the FIR was registered under so many Sections, the Annexure A1 complaint was filed only under Sections 20 and 21 of the Kerala Protection of River Bank and Regulation of Removal of Sand Act. The petitioners now seek orders quashing the prosecution on the ground that sand was in fact transported by them under a valid pass issued by the Crl. M.C No.5408 of 2014 2 competent authority. Annexure A3 proceedings issued by the Sub Divisional Magistrate, Kasaragod shows that the vehicle seized by the police was released by the Sub Divisional Magistrate on the ground that sand was transported by the petitioners under a valid pass issued by the Assistant Geologist of the Mining and Geology Department, Kasaragod. In view of the Annexure A3 proceeding this court directed the Sub Inspector of Police to explain why the Annexure A1 complaint was filed against the petitioners, and whether the police would proceed with the complaint. Now the learned Public Prosecutor submits that the pass issued by the Assistant Geologist to the petitioners was not in fact shown to the police by the petitioners at any time before the complaint was filed. Practically, the State now concedes that complaint happened to be preferred on a mistake of fact, and it can be quashed. I find that sand was transported by the petitioners under a valid pass issued by the Assistant Geologist, as reported by the Sub Divisional Magistrate, Kasaragod. In such a situation Annexure A1 complaint cannot proceed. In the result, this petition is allowed. The Annexure A1 complaint, and the proceedings in C.C No. 1808/2014 of the Judicial First Class Magistrate Court – I, Hosdurg, Kasaragod against the Crl. M.C No.5408 of 2014 3 petitioners herein will stand quashed under Section 482 Cr.P.C. The petitioners will sand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab