Disposed

Murugan v. Vs the S.I. of Police

Kerala HC28 Mar 2016Crl.MC/1422/2016

Case brief

AI extract

What is this about?

This order admits a criminal miscellaneous petition seeking to quash prosecution of accused petitioners in a death case involving an electric line. The court rejected arguments regarding non-obtained sanction and resumed proceedings, disposing of the petition with liberty to raise contentions at trial.

What did the court decide?

Petition disposed with liberty to petitioners to raise contentions regarding insulators and sanction before the trial court.

Murugan v. Vs the S.I. of Police — Writ and Judicial Review | Kerala HC (2016)

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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 B.KEMAL PASHA

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MONDAY, THE 28TH DAY OF MARCH 2016/8TH CHAITHRA, 1938

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Crl.MC.No. 1422 of 2016 ()

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AGAINST THE ORDER IN CC 764/2014 of J.M.F.C.,VADAKKANCHERRY CRIME NO. 799/2013 OF VADAKKANCHERY POLICE STATION , THRISSUR

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PETITIONERS/ACCUSED:

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MURUGAN V., AGED 49 YEARS S/O.SANKARAN NAIR,VEMBANATT HOUSE, AZHAKAM DESOM,

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KODAKARA.P.O,WADAKKANCHERRY.

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VARGHESE.P.V, AGED 51 YEARS S/O.VAREED, PLAKKAL HOUSE, ELAMTHURUTHY, KUTTANELLOOR.P.O, WADAKKANCHERRY.

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JOY.C.V, AGED 50 YEARS S/O.VARGHESE, CHEERAN HOUSE, KUMARANELLOOR.P.O, OTTUPARA, WADAKKANCHERRY.

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JAYAN.K.A, AGED 49 YEARS S/O.AYYAPPAN,CARMEL HOUSE, KUMARANELLOOR.P.O, WADAKKANCHERRY.

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RAJAN.N.V, AGED 42 YEARS S/O.VELAYUDHAN, NEDIYEDATH HOUSE, KADANGAD.P.O, ERUMAPETTY,WADAKKANCHERRY.

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VISWAM.T.A, AGED 40 YEARS S/O.APPU, THUNDIPPARAMBIL HOUSE, EDAPPALLY, KOCHI.24, ERNAKULAM DISTRICT

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BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT

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RESPONDENTS/COMPLAINANT/STATE:

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THE S.I. OF POLICE, WADAKKANCHERRY POLICE STATION-678012.

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1422 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-I TRUE COPY OF THE FINAL REPORT IN CC.764/2014 ON THE FILES OF JUDICIAL 1ST CLASS MAGISTRATE COURT, VADAKKANCHERRY

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ANNEXURE-II TRUE COPY OF THE REPORT SUBMITTED BY THE OFFICE OF THE ELECTRICAL INSPECTOR IN CC.764/2014 ON THE FILES OF JUDICIAL 1ST CLASS MAGISTRATE COURT,VADAKKANCHERY

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ANNEXURE-III COPY OF A TENDER NOTICE DATED 22-1-2016.

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RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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Crl.M.C. No.1422 of 2016

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Dated this the 28^th day of March, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Heard learned counsel for the petitioners and learned Public Prosecutor.

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An electric line drawn overhead across the State Highway got detached from the electric post and the live wire got in contact with the motorbike on which the deceased was a pillion rider. The rider of the motorbike marginally escaped and the pillion rider died in the incident.

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According to the prosecution, instead of making use of 'shackle insulator' what was made use of for connecting the line to the post was 'pin insulator'. Over and above it, no guarding was provided for the line.

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Petitioners are the accused in the case.

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Crl.M.C.1422/2016

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: 2 :

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According to the learned counsel for the petitioners, several 'pin insulators' are being made use of even now by the Kerala State Electricity Board. Over and above it, it is also argued that no sanction has been obtained to prosecute the petitioners, who are public servants. This Court is of the view that these questions do not arise at present and these arguments are not sufficient to quash the proceedings against the petitioners.

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With liberty to the petitioners to take up all these contentions before the trial court at appropriate stage, this Crl.M.C. is disposed of.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/28/03

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// True Copy //

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PA to Judge

Murugan v. Vs the S.I. of Police

Case brief

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Murugan v. Vs the S.I. of Police

Case brief

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