Partly allowed

Premachandra Kumar v. State of Kerala

Kerala HC8 Jun 2011Crl.MC/1242/2011

Case brief

AI extract

What is this about?

The petitioner, an accused in a case for drunk driving and assaulting a police officer, sought to quash criminal proceedings, contending investigation was barred without Magistrate permission under Section 155(2) CrPC. The court held the offence is cognizable and the case is dismissed.

What did the court decide?

Criminal Miscellaneous Case dismissed without prejudice to the petitioner's right to plea in trial court.

Premachandra Kumar Vs State of Kerala — Cheque Dishonour | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH

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WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933

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Crl.MC.No. 1242 of 2011()

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-------------------------

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CC.1728/2009 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR

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PETITIONER: ACCUSED

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----------------------

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PREMACHANDRA KUMAR, AGED 37 YEARS, S/O.BHASKARAN PILLAI, PRATHP MANDIRAM, VELLIMON WEST P.O., KOLLAM DISTRICT.

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BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR

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RESPONDENT: STATE

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--------------------

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION.

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BY PUBLIC PROSECUTOR SHRI. MANU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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smvd

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THOMAS P. JOSEPH, J.

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-------------------------------------Crl.M.C. No.1242 of 2011 -------------------------------------Dated this the 8^th day of June, 2011.

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ORDER

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Petitioner is accused in Crime No.345 of 2008 of Punalur Police Station and C.C.No.1728 of 2009 of the court of learned Judicial First Class MagistrateIII, Punalur for offences punishable under Sections 283 and 353 of the Indian Penal Code (for short, “the IPC”) and Section 185 of the Motor Vehicles Act (for short, “the Act”) . Prosecution case is that petitioner who was drunk, drove a KSRTC bus, stopped the bus across the road causing obstruction to the traffic, CW1 who was on traffic duty asked petitioner to remove the bus, petitioner in turn kicked CW1 and obstructed him from discharging official duty. AnnexureA2 is the final report. Petitioner seeks to quash proceeding against him contending that no such incident has occurred and at any rate, the Police could not have registered, investigated or charge sheeted petitioner for offence under Section 185 of the Act without obtaining permission under Section 155(2) of the Code of Criminal Procedure from the jurisdictional Magistrate.

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It is only when the offences as brought by the Police are noncognizable in nature, that the procedure under Section 155(2) of the Code is to be followed. Here the offence punishable under Section 185 of the Act comes along with cognizable offences under the IPC which the Police is entitled to investigate without permission of the learned Magistrate. On the allegations

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Crl.MC No.1242/2011

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made in the final report it is seen that the Investigating Officer has cited witness to prove the alleged incident. The drunkenness certificate produced would show that at the time of examination petitioner had smell of alcohol. In the circumstances, contention of petitioner that no offence as alleged is involved cannot be accepted. It is for the trial court to decide whether there is truth in the allegations.

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Resultantly this Criminal Miscellaneous Case is dismissed without prejudice to the right of petitioner to take appropriate plea/defence in the trial court.

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THOMAS P.JOSEPH, Judge.

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cks

Premachandra Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Premachandra Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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