Allowed

Biju, v. State of Kerala

Kerala HC4 Mar 2020Crl.MC/455/2020

Case brief

AI extract

What is this about?

The Kerala High Court, in a criminal miscellaneous appeal, quashed the criminal proceedings filed by the State of Kerala against the accused for offences under Section 279 of the IPC and Section 185 of the Motor Vehicles Act. The court held that there was no scintilla of evidence or testimony to prove the accused was found driving a car

What did the court decide?

Criminal proceedings under S.T.No.2244/2019 stood quashed under Section 482 Cr.P.C.; appellant discharged.

Biju, Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941

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Crl.MC.No.455 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN ST 2244/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, ATTINGAL

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CRIME NO.692/2019 OF Mangalapuram Police Station, Thiruvananthapuram

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PETITIONER/ACCUSED:

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BIJU, AGED 45 YEARS, S/O. GOPALA PILLAI, DEVANANDANAM, KAPPACHIRA, KOLIYAKODE, KOLIYAKODE VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 STATION HOUSE OFFICER, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM - 695 317.

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OTHER PRESENT:

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SRI HRITHWIK C.S., SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.455 of 2020

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O R D E R

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Dated this the 4th day of March 2020

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This Crl.M.C. is filed by the accused in

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S.T.No.2244/2019 on the files of the Judicial First

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Class Magistrate Court-II, Attingal, for quashing the proceedings against him for offences punishable under Section 279 of the I.P.C. and Section 185 of the Motor

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Vehicles Act. The specific prosecution case against the petitioner is that when the 2^nd respondent-Station House Officer was sitting in his office, he received information that the petitioner was driving a car in a drunken state in a rash and negligent manner. When the 2^nd respondent went to the spot, he found a Maruti Car bearing Reg.No.KL-21N-4249 on the public road and the

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petitioner was standing besides in a very drunken state with smell of alcohol, and he was subjected to medical examination. Consequently, the crime was registered and the final report was filed.

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On perusal of the records would indicate that there is not a scintilla of evidence or testimony of

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Crl.M.C.No.455 of 2020

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any witnesses, which would indicate that the petitioner

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was actually found driving the car bearing Reg. No.KL-21N-4249 along the public road in a drunken

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state, so as to attract the offence under Section 185

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of the M.V.Act. The allegation is that he was

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prevented from driving further by the public. But interestingly, not a single member of the public has been cited as witnesses nor their statements recorded. None of the witnesses, whose statements are recorded and cited as witnesses, have actually seen the petitioner driving the car and therefore the offence under Section 279 of the I.P.C. and Section 185 of the M.V.Act is apparently not attracted in this case.

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entire proceedings as against the petitioner in

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S.T.No.2244/2019 on the files of the Judicial First

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Class Magistrate Court-II, Attingal, stands quashed under Section 482 of Cr.P.C. and the petitioner is

discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.455 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	COPY OF MANGALAP	THE URAM	FIR IN POLICE	CRIME NO 692/2019 OF STATION.
ANNEXURE A2	COPY OF 692/2019 ALONG WI PROSECUT	THE OF TH ION W	FINAL MANGAL 164 ST ITNESSE	REPORT IN CRIME NO. APURAM POLICE STATION ATEMENTS GIVEN BY TWO S.
ANNEXURE A3	COPY OF MANGALAP	THE URAM	FIR IN POLICE	CRIME NO. 694/2019 OF STATION.
ANNEXURE A4	COPY OF DOCTOR O 27-06-20	THE F TAL 19.	CERTI UK HOSP	FICATE ISSUED BY DUTY ITAL, CHATHANNOOR DATED

Biju, v. State of Kerala

Case brief

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What did the court decide?

Biju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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