Allowed

Jerin James v. State of Kerala

Kerala HC12 Sept 2018Crl.MC/999/2018

Case brief

AI extract

What is this about?

The High Court of Kerala quashed the criminal proceedings under Section 279 IPC and Section 118(e) Kerala Police Act. The court held that the FIR and final report failed to disclose the specific manner in which the petitioner committed the rash and negligent driving, rendering the allegations insufficient to take cognizance of the offence, relying on Premchand R. v. State of Kerala.

What did the court decide?

The criminal proceedings in CC No. 611 of 2017 on the file of the Judicial First Class Magistrate Court, Ambalapuzha are quashed.

Jerin James Vs State of Kerala — Cheque Dishonour | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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WEDNESDAY,THE 12TH DAY OF SEPTEMBER 2018 / 21ST BHADRA, 1940

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Crl.MC.No. 999 of 2018

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CC 611/2017 OF J.M.F.C., AMBALAPUZHA DATED 23-11-2017 CRIME NO. 578/2017 OF EDATHUA POLICE STATION, ALAPPUZHA

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PETITIONER/S:

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JERIN JAMES S/O JAMES, PUTHENCEEDU, PANDAMKARY, EDATHUA, ALAPUZHA.

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BY ADV. SMT.V.VIJITHA

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RESPONDENT/S:

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STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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SR.PP.SRI.B.JAYASURYA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 999 of 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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2. The petitioner is the accused in CC No. 611 of 2017 on the file of the Judicial First Class Magistrate Court, Ambalapuzha. He is alleged to have committed the offences under Sections 279 of the Indian Penal Code and Section

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118(e) of the Kerala Police Act. The allegation is that on 23.05.2017 at about 11.30 am, he was found riding a two wheeler in a rash and negligent manner along the Thakazhy - Thiruvalla public road. The proceedings are sought to be quashed on the ground that the allegations are not sufficient to take cognizance of the offences.

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3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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4. I have perused Annexure A FIR and final report. They do not disclose the particulars

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Crl.MC.No. 999 of 2018

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..3..

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of the offences allegedly committed by the petitioner. What is stated in them is that the petitioner was found riding motorcycle in a rash and negligent manner. The manner in which he allegedly committed the offences is not disclosed. That is fatal as held by this court in Premchand R. v. State of Kerala [2015 KHC 2390]. The proceedings are liable to be quashed.

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In the result, this Crl.M.C. is allowed. The proceedings in CC No. 611 of 2017 on the file of the Judicial First Class Magistrate Court, Ambalapuzha are quashed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Crl.MC.No. 999 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A COPY OF THE FINAL REPORT IN CRIME NO.578/2017 OF THE EDATHUA POLICE STATION ANNEXURE B COPY OF THE ORDER DATED 23.11.2017 IN CMP NO. 6363/2017 IN CC 611/2017 ANNEXURE C COPY OF THE JUDGMENT REPORTED AS R.PREMCHAND V. STATE OF KERALA [2015 (1) KLT 32]

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Bka/13.09.2018

Jerin James v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jerin James v. State of Kerala

Case brief

What is this about?

What did the court decide?

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