Vehicle owner challenged an investigating officer's notice directing production of his vehicle for inspection after an alleged rash-driving accident. The court held investigation powers cannot be restricted and dismissed the writ petition, upholding the Section 91 Cr.P.C. notice.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945
WP(CRL.) NO. 68 OF 2024
CRIME NO.2438/2023 OF Palarivattom Police Station, Ernakulam
PETITIONERS :
1 ROY JOSEPH AGED 44 YEARS, S/O JOSEPH, RESIDING AT "THOTTATHIL", SAKTHIKULANGARA P.O., KOLLAM, PIN - 691581 2 ATHUL. S THAYYIL, AGED 38 YEARS, S/O SASIKUMAR, RESIDING AT "THAYYIL KIZHAKKATHIL" SWATHY NAGAR, MARUTHADY P.O., KOLLAM DISTRICT, PIN – 691 003
BY ADVS. P.V.VENUGOPAL M.MUHAMMED SHAFI
RESPONDENTS :
3 STATION HOUSE OFFICER PALARIVATTAM POLICE STATION, PALARIVATTAM- KOCHI, PIN - 682025 4 SUJITH .S AGED 44 YEARS S/O SUNDARAN , RESIDING AT " KALPAKA APARTMENT " GSE VENNALA, POONITHURA, ERNAKULAM DT, PIN – 682 038
WP(CRL.) NO. 68 OF 2024
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BY ADVS. ADVOCATE GENERAL OFFICE KERALA DIRECTOR GENERAL OF PROSECUTION(AG-10) SHRI.SAJJU.S., SENIOR G.P.()
BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 68 OF 2024
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BECHU KURIAN THOMAS, J.
W.P.(Crl.) No.68 of 2024
Dated this the 19th day of March, 2024
JUDGMENT
The first petitioner is the registered owner of a vehicle bearing Registration No.KL-02-BR-5050. On 03.10.2023, an accident is alleged to have occurred due to the rash and negligent driving of the driver of the aforementioned vehicle. An FIR was registered as Crime No.2438 of 2023 before the Palarivattom Police Station. As per communication dated 28.10.2023, the first petitioner, as the owner of the said vehicle has been directed to produce the vehicle for inspection. Petitioners allege that the vehicle was not involved in any accident which requires an inspection by the AMVI especially in the light of the allegations. According to the petitioners, the direction to produce the vehicle for physical test is malafide and intended to rope in the petitioners as accused in a false case.
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WP(CRL.) NO. 68 OF 2024
crime. Ext.P1 notice is issued for the purpose of carrying out the mechanical examination of the vehicle since it is allegedly involved in an offence under Sections 279 and 338 of the Indian Penal Code, 1860.
and test to be conducted on a vehicle allegedly involved in a crime, it is not proper on the part of this Court to interfere with such investigating powers, unless the order is so irrational or perverse.
I do not find any reason to interfere with the notice issued under
Section 91 of the Cr.P.C., produced as Ext.P1.
Hence there is no merit in this writ petition and it is dismissed.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 68 OF 2024
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APPENDIX OF WP(CRL.) 68/2024
PETITIONERS' EXHIBITS :
| Exhibit P1 | TRUE COPY RESPONDENT |
OF T DATED |
HE NOTICE ISSUED BY 3RD 28/10/2023 |
|---|---|---|---|
| Exhibit P2 | TRUE COP 2438/2023 |
Y OF OF PAL |
THE FIR IN CRIME NO. ARIVATTAM POLICE STATION |
| Exhibit P3 | TRUE COPY GIVEN TO 2 |
OF THE ND RES |
PETITION DATED 31/10/2023 PONDENT |
| Exhibit P4 | TRUE COP PROTEST P DATED 31/1 |
Y OF ETITIO 0/2023 |
THE ACKNOWLEDGEMENT OF N BEARING NO 93583/2023 DOWN LOADED FROM WEBSITE |
| Exhibit P5 | TRUE COPY | OF R.C | BOOK |
| Exhibit P6 | TRUE COPY | OF INS | URANCE |
| Exhibit P7 | TRUE COPY PETITIONER |
OF DR |
IVING LICENSE OF THE 2ND |
1 issue framed by the court
Whether the court should interfere with a police notice requiring the petitioner to produce his allegedly involved vehicle for mechanical inspection during investigation?
2 provisions across 2 enactments
Roy Joseph
Athul. S Thayyil
State Police Chief Police Head Quarters Vellayambalam, Thiruvananthapuram
Assistant Commissioner of Police Ernakulum City, Kochi
Station House Officer Palarivattam Police Station, Kochi
Sujith .S
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
