In a criminal miscellaneous petition filed under Section 482 CrPC to quash prosecution, the High Court held that sufficiency of evidence is a matter for the trial court. The petition was disposed without granting relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Crl.MC.No. 1527 of 2009 ---------------------------------CC.NO.340/2009 OF ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. .................... PETITIONER/ ACCUSED: -----------------------------------
BINDU, W/O JAYAKUMAR, AGED 35, PULLAM PLAVIL VEETTIL, NEAR POLICE STATION, PIRAVAM KARA, PIRAVAM VILLAGE.
BY ADVS. MR.R.ARUN RAJ, MR.N.R.RAJESH.
RESPONDENT/ COMPLAINANT: ---------------------------------------------
STATE OF KERALA, REP. BY CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, KOCHI CITY(THRIPUNITHURA WING) (CRIME NO.411 OF 2008) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR. S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.Sasidharan Nambiar, J.
Crl.M.C.No.1527 of 2009
ORDER
Petitioner is an accused in C.C.No.340/2009 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam. Prosecution case is that on 16.1.2008 at about 9 a.m., petitioner was riding Honda Activa Scooter KL-17/7753 in a rash and negligent manner so as to endanger human life and by such driving hit on motor cycles KL-7/Z 6920 and also on KL-7/AT 3059 and thereby committed offences under Sections 279, 337, 338 and 304A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal procedure to quash the prosecution contending that petitioner was not in any way involved in the incident.
CRMC 1527/09 2
of accident on her back and due to the said shock, her Honda scooter slipped and she fell on the road and sustained abrasions on her right hand and she had seen three motor cycles colliding together and somebody getting seriously injured and she went from the spot as she has nothing to do with the incident and the case is falsely foisted against her and therefore, the prosecution is to be quashed.
CRMC 1527/09 3
482 of Code of Criminal Procedure. It is a matter to be considered by the learned Magistrate at the time of trial. Petitioner is entitled to raise all the contentions, including lack of report from Forensic Science Laboratory before the learned Magistrate. Petitioner is also entitled to seek an order of discharge under Section 239 of Code of Criminal Procedure and raise all the contentions before the Magistrate, if charge is not framed.
Petition is disposed.
13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv
2 issues framed by the court
Whether the High Court can decide sufficiency of evidence for conviction while entertaining a petition under Section 482 CrPC.
Whether the High Court can quash the prosecution on the ground of lack of evidence under Section 482 of the Code of Criminal Procedure.
1 provisions across 1 enactments
Bindu
State of Kerala
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
