This court dismissed an application under Section 482 Cr.P.C. seeking to quash committal proceedings due to alleged insufficiency of ingredients for Section 304 IPC. The court held it was not a fit case to intervene, as sufficiency of allegations is for the trial court.
Application under Section 482 Cr.P.C. to quash proceedings was dismissed.
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 HON'BLE MR. JUSTICE K. RAMAKRISHNAN
FRIDAY, THE 15TH DAY OF FEBRUARY 2013/26TH MAGHA 1934
Crl. MC. No. 559 of 2009 ( )
-------------------------CP NO.219/2008 of J.M.F.C. - I, KARUNAGAPPALLY
PETITIONER:
SABUMON, S/O. FASALUDDIN KIZHAKKETHARA HOUSE, THAZHAVA VILLAGE, KADATHAKAR MURI KARUNAGAPPALLY TALUK.
BY ADV. SRI. SUNNY MATHEW
COMPLAINANTS:
1. SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION.
2. CIRCLE INSPECTOR OF POLICE, CHAVARA.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. MC. No. 559 of 2009 ( )
APPENDIX
PETITIONER'S EXHIBITS:-
ANNEXURE A1 - TRUE COPY OF THE FINAL REPORT IN C.P. NO.219/08 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, KARUNAGAPPALLY.
RESPONDENTS' EXHIBITS:- NIL
// TRUE COPY//
P.A. TO JUDGE
sp
K. RAMAKRISHNAN J.
Cr. M.C. No. 559 of 2009
Dated this the 15th day of February, 2013.
JUDGMENT
This is an application filed by the accused in C.P No.219/2008 on the file of the Judicial First Class Magistrate Court, Karunagappally to quash the proceedings as no offence under Section 304 of Indian Penal Code is made out under Section 482 Cr.P.C. It is alleged in the petition that, on 23.07.2008, the accused had taken the Mini Lorry KL 23-A-1552, according to the prosecution, in the reverse through the concrete road used by the employees and others of K.M.M.L. Factory in a rash and negligent manner from West to East, and it ran over one Sri. Abdul Rasheed, an employee in the said factory, and caused his death.
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Cr. M.C. No. 559 of 2009
final report was filed against the petitioner alleging offence under Sections 336 and 304 of Indian Penal Code before the Judicial First Class Magistrate Court, Karunagappally and the learned Magistrate had taken cognizance of the case as C.P. No.219/2008 and notice was issued to the accused and at that stage, he approached this Court to quash the proceedings on the ground that the allegations will not attract an offence under Section 304 of Indian Penal Code but only an offence under Section 304 A of Indian Penal Code. The learned counsel for the petitioner submitted that, the statement given by the witnesses relied on by the Investigating Officer, even if admitted to be true is not sufficient to attract the ingredients of the offence under Section 304 of Indian Penal Code and it may attract an offence at the most under Section 304 A of Indian Penal Code for rash and negligent driving and causing death of the person due to that and so there is no necessity for the accused to face the trial before the Sessions Court.
Cr. M.C. No. 559 of 2009
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Cr. M.C. No. 559 of 2009
Code and the Sessions Court is at liberty to consider the question and frame appropriate charge and proceeded with the case in accordance with law.
So, considering the circumstances, I feel that it is not a fit case where the extra ordinary power under Section 482 Cr.P.C. has to be invoked to quash the committal proceedings pending before the Magistrate Court. Leaving open the right of the accused to raise all contentions and also pre-charge hearing for plea of discharge before the Sessions Court, the petition is dismissed.
With the above observations, the application is
dismissed.
K. RAMAKRISHNAN, (JUDGE)
sp
2 issues framed by the court
Whether the power under Section 482 Cr.P.C. should be invoked to quash the committal proceedings in a case alleging rash and negligent driving causing death.
Whether the allegations in the Final Report sufficiently make out an offence under Section 304 IPC or only Section 304 A IPC.
1 provisions across 1 enactments
SABUMON
SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
