High Court quashed final report and low court proceedings against petitioner (2nd accused) in IPC 279/308 and Motor Vehicles Act case due to lack of recorded involvement in the incident despite petitioner being lorry owner.
Annexure A2 (final report) and consequent proceedings in L.P.No.107/2014 are quashed.
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 B.KEMAL PASHA
THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937
Crl.MC.No. 2203 of 2015
CRIME NO. 253/2013 OF FEROKE POLICE STATION, KOZHIKODE
PETITIONER(S)/2ND ACCUSED:
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THAJIB, AGED 30 YEARS, S/O.MAMUKUTTY, KANNAMPARAMBATH, MOOLANGOTT, RAMANATTUKARA, KOZHIKODE DISTRICT.
BY ADVS.SRI.R.SUDHISH
SMT.M.MANJU SRI.A.R.BEJOY
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 2203 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.253 OF 2013 OF FEROKE POLICE STAITON DTD.11.6.2013.
ANNEXURE A2: COPY OF THE FINAL REPORT IN CRIME NO.253 OF 2013 OF FEROKE POLICE STATION DTD.23.7.2013.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B.KEMAL PASHA, J.
................................................................ CRL. M.C. No. 2203 of 2015 ............................................................... Dated this the 1st day of October, 2015
O R D E R
Petitioner is the 2nd accused in C.P. No.56/2013 of the Judicial First Class Magistrate's Court-V, Kozhikode, which has arisen from Crime No.253/13 of the Feroke Police Station, for the offences punishable under Sections 279 and 308 IPC, Section 132(1) read with Section 179 & Section 3 (1) read with Section 181 of the Motor Vehicle Act, and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. A crime was registered against the first accused alleging offences punishable under Sections 279 and 308 IPC, Section 132(1) read with Section 179 of the Motor Vehicle Act, and Sections 20 and 21 of the Kerala Protection of River Banks and
CRL.M.C.No. 2203 of 2015
-: 2 :-
Regulation of Removal of Sand Act, 2001.
drove the lorry in question allegedly loaded with sand illegality collected from the river and when the police party under the leardership of the defacto complainant chased the lorry, he stopped the lorry abruptly, and ran way from the lorry without switching it off. The lorry came in the reverse direction and it capsized. Had the jeep by which the defacto complainant was chasing the lorry, been not removed to the side of the road, it would have resulted in the death of the passengers of the police jeep, including the defacto complainant.
CRL.M.C.No. 2203 of 2015
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who was not having any drivinng licence. At the same time, apart from the said submission in Court, the records do not reveal any such allegation against the petitioner. The final report does not show as to the reason by which the petitioner is implicated in the case. Matters being so, Annexure A2 final report in Crime No.253/2013 of the Feroke Police Station and the consequent proceedings in L.P.No.107/2014 in C.P.No.56 of 2013 of the Judicial First Class Magistrate's Court-V, Kozhikode, as against the petitioner, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure A2 final report in Crime No.253/2013 of the Feroke Police Station and the consequent proceedings in L.P.No.107/2014 in C.P.No.56 of 2013 of the Judicial First Class Magistrate's Court-V, Kozhikode as against the petitioner, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
ul/[True copy] P.S. to Judge
CRL.M.C.No. 2203 of 2015
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2 issues framed by the court
Whether the final report implicating the petitioner as 2nd accused in a case where no involvement is recorded needs to be quashed
Whether absence of allegation in FIR and final report regarding petitioner's involvement warrants quashing of proceedings against him
3 provisions across 3 enactments
THAJIB
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B.KEMAL PASHA
Parties & counsel
