This single-justice order considers a petition under Section 482 Cr.P.C. to quash proceedings alleging offences under IPC and the Motor Vehicles Act. The court refused quashing, noting the minor violated motor vehicle rules and barred entry, and directed the petitioner to plead for discharge in trial court. Disposed without grants of relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 4TH DAY OF JUNE 2018 / 14TH JYAISHTA, 1940
CRL.MC.NO.2247 OF 2018
AGAINST CC NO.704/2017 OF JMFC, KALAMASSERY
CRIME NO.515/2017 OF KALAMASSERY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO 2
MARK ANTONY S/O. FRANCIS M A, AGED 20 YEARS, MALIAKKAL HOUSE, MOOLEPADAM ROAD, HMT JN., KALAMASSERRY, ERNAKULAM.
BY ADVS.SRI.P.M.MUJEEB REHIMAN SMT.K.S.SUMITHA
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031
2. SUB INSPECTOR OF POLICE KALAMASSERRY POLICE STATION, ERNAKULAM
R1 & R2 BY SR.PUBLIC PROSECUTOR SHRI.ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-062018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
:2:
CRL.MC.NO.2247 OF 2018
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1: FIR IN CRIME NO.515/2017 OF KALAMASSERRY POLICE STATION SUBMITTED BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERRY, ERNAKULAM DISTRICT.
ANNEXURE A2: CHARGE IN CRIME NO.515/17 OF KALAMASSERRY POLICE STATION SUBMITTED BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERRY, ERNAKULAM DISTRICT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
vgd/04.06.18
PA TO JUDGE
K.ABRAHAM MATHEW, J.
Crl.M.C.No.2247 of 2018
Dated this the 04th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
on the file of the Judicial First Class Magistrate Court, Kalamassery. He along with the co-accused allegedly committed the offences under Sections 294(b) and 353 read with Section 34 IPC and Sections 119 read with Section 192 of the Motor Vehicles Act and Rule 17 read with Rule 177 of the Road Regulations Rules. The proceedings as against the petitioner are sought to be quashed on the ground that the facts of the case do not attract any offence so far as he is concerned.
the learned Public Prosecutor.
2
Crl.M.C.No.2247 of 2018
entered appearance in the trial court and has taken bail. Ordinarily, he should plead for discharge in the trial court.
Crl.M.C.No.2247 of 2018
3
In the result, this Crl.M.C is disposed of with the
above observations.
Sd/-
K.ABRAHAM MATHEW
JUDGE
vgd/04.06.18
2 issues framed by the court
Whether the criminal proceedings against the petitioner can be quashed under Section 482 Cr.P.C.
Whether Sections 294(b) and 353 IPC are attracted against the petitioner[]
4 provisions across 4 enactments
Mark Antony
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
