The High Court of Kerala granted relief in a criminal mercy petition under Section 482 Cr.P.C. The court quashed the proceedings because the charge under Section 279 IPC failed to specify the manner of rash driving, rendering the prosecution untenable.
The Criminal Misc. Case was allowed and the proceedings in CC No. 737 of 2017 were 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 K.ABRAHAM MATHEW
THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940
Crl.MC.No. 998 of 2018
CC 737/2017 OF J.M.F.C., AMBALAPUZHA
CRIME NO. 766/2017 OF EDATHUA POLICE STATION , ALAPPUZHA
PETITIONER/S:
ADARSH GEORGE
S/O. GEORGE VARGHESE, KARUKAYIL VEEDU, EDATHUA MURI, EDATHUA, ALAPPUZHA.
BY ADV. SMT.V.VIJITHA
RESPONDENT/S:
STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
B JAYASURYA SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 998 of 2018
ORDER
Petition filed under Section 482 Cr.P.C.
2. The petitioner is the accused in CC No. 737 of 2017 on the file of the Judicial First Class Magistrate Court, Ambalappuzha. He is alleged to have committed the offences under Section 279 of the Indian Penal Code and Section 118(e) of the Kerala Police Act. The accusation is that on 18.07.2017, he was found riding a scooter along the Edathua - Thakazhy public road in a rash and negligent manner. The proceedings are sought to be quashed on the ground that the facts of the case do not attract any offence.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. In the FIR and the final report what is stated is that the petitioner was found riding a scooter in a rash and negligent manner. The
Crl.MC.No. 998 of 2018
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manner in which he was riding the motorcycle is not mentioned. This court in Premchand R. v. State of Kerala [2015 KHC 2390] held that unless the manner in which the offence committed is mentioned, there cannot be a valid prosecution. So, the prosecution against the petitioner is not valid.
In the result, this Crl.M.C. is allowed. The proceedings in CC No. 737 of 2017 on the file of the Judicial First Class Magistrate Court, Ambalappuzha are quashed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A
TRUE COPY OF THE FINAL REPORT IN CRIME NO. 766/2017 OF THE EDATHUA POLICE STATION.
Crl.MC.No. 998 of 2018
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ANNEXURE B TRUE COPY OF THE ORDER DATED 24.11.2017 IN CMP NO. 5165/2017 IN C.C.NO. 737/2017. ANNEXURE C TRUE COPY OF THE JUDGMENT REPORTED AS R. PREMCHAND V STATE OF KERALA [2015(1) KLT 32]
BKA/14.09.2018
1 issue framed by the court
Whether the prosecution is valid when the FIR and final report do not mention the specific manner in which the petitioner was riding the scooter.
Colour shows how this judgement treated each authority
Premchand R. v. State of KeralaFollowed¶26
Premchand R. v. State of Kerala [2015 KHC 2390]
1 provisions across 1 enactments
ADARSH GEORGE
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
