Court disposed of Criminal Miscellaneous No. 289 of 2018, directing the Investigating Officer to consider medical evidence showing no alcohol presence in accident case.
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
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939
Crl.MC.No. 289 of 2018
CRIME NO.12/2018 OF SAKTHIKULANGARA POLICE STATION, KOLLAM.
PETITIONER:
LIJO JOSEPH, S/O.JOSEPH, AGED 32 YEARS, RESIDING AT JANIFER, VENKULANGARA NAGA, KAVANADU, KOLLAM.
BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA
RESPONDENT(S):
1. STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014. 2. THE CITY POLICE CHIEF, KOLLAM CITY, KOLLAM-691001. 3. THE CIRCLE INSPECTOR OF POLICE, KOLLAM WEST CIRCLE, KOLLAM-691013. 4. THE SUB INSPECTOR OF POLICE STATION, SAKTHIKULANGARA POLICE STATION, KOLLAM-691581. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.R. RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: mbr/
Crl.MC.No. 289 of 2018 ()
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE 1- THE COPY OF THE COMPLAINT FILED BY THE MOTHER OF THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE RECEIPT. ANNEXURE 2- THE COPY OF THE FIR IN CRIME NO.12/2018 OF SAKTHIKULANGARA POLICE STATION. ANNEXURE 3- THE COPY OF THE WOUND CERTIFICATE ISSUED FROM BISHOP BENZIGAR HOSPITAL, KOLLAM DATED 17/10/2017.
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
mbr/
B.KEMAL PASHA, J.
Crl.M.C.No.289 of 2018
Dated this the 09th day of February, 2018
ORDER
Presently the petitioner is the accused in Crime No.12 of 2018 of the Sakthikulangara Police Station for the offence under Section 279 of the Indian Penal Code. According to the petitioner, his mother had filed a complaint against the driver of an auto rickshaw who knocked down him while he was riding on his motor bike. According to the police, the petitioner was riding on his motor bike and coming from a bar and caused to hit the motor bike on the side of the auto rickshaw which was coming through the road. In fact, the crime has been registered when the mother of the petitioner had filed Annexure-1 complaint before the City Police Commissioner, Kollam.
While investigating the matter, the Investigating Officer shall take into consideration the contents of Annexures-1 and 3 also. Annexure-3 is the wound certificate of the petitioner which does not show even smell of alcohol. With the said directions to the Investigating Officer, this Crl.M.C. is disposed of.
Sd/-
B.KEMAL PASHA, JUDGE
skj
LIJO JOSEPH
STATE POLICE CHIEF
CITY POLICE CHIEF KOLLAM
B.KEMAL PASHA
As recorded by the court registry
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