Accused sought quashing of an FIR alleging rash and negligent motor cycle driving causing injury to another rider. The court held that at the investigation stage, before the final report, the veracity of allegations cannot be assessed and inherent jurisdiction should not be exercised; the petition was dismissed.
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 BECHU KURIAN THOMAS
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945 CRL.MC NO. 302 OF 2024
CRIME NO.2782/2023 OF Kottarakkara Police Station, Kollam PETITIONER/ACCUSED:
ALBIN BINU AGED 22 YEARS S/O. BINU, BINU BHAVAN, VADAKODU, KOLLAM DISTRICT, PIN - 691520
BY ADV H.PRAVEEN (KOTTARAKARA)
RESPONDENT/STATE:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.302 OF 2024
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BECHU KURIAN THOMAS, J.
Crl.M.C No.302 of 2024
Dated this the 16th day of February, 2024
O R D E R
The petitioner is arrayed as an accused in Crime No.2782/2023 of the Kottarakkara Police Station. He challenges the FIR registered against him for the offences under Sections 279, 337 and 338 of IPC.
CRL.MC NO.302 OF 2024
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investigation stage and the FIR was registered on 08.12.2023, it is too early to arrive at a conclusion regarding the veracity or otherwise of the allegations. The contentions raised are all matters that cannot be considered even before the final report is filed. Therefore, I find no reason to exercise the inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings at this stage.
Accordingly, this Crl.M.C is dismissed. It is clarified that the observations made in this order are purely for the purpose of this Crl.M.C and same shall not have any effect in any other proceedings.
SD/- BECHU KURIAN THOMAS, JUDGE
lsn
CRL.MC NO.302 OF 2024
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PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO. 2782/2023 OF KOTTARAKARA POLICE STATION DATED 08/12/2023 Annexure A2 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR, KOTTARAKARA POLICE STATION DATED 25/11/2023 Annexure A3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE RURAL SP, KOLLAM DATED 27/11/2023 ALONG WITH ACKNOWLEDGMENT RECEIPT Annexure A4 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM DATED 26/11/2023 Annexure A5 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE TALUK HEADQUARTERS HOSPITAL, KOTTARAKARA DATED 28/11/2023
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
1 issue framed by the court
Whether the FIR under Sections 279, 337 and 338 IPC for rash and negligent driving causing injury can be quashed at the investigation stage.
3 provisions across 2 enactments
Albin Binu
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
