IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28328 of 2009(Q)
1. AUGUSTINE.M.A, SON OF ANTONY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.S.EASWARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
W.P.C.NO.28328 OF 2009
------------------------------------------
Dated 22nd December 2009
JUDGMENT
Petition is filed under Articles
226 and 227 of Constitution of India for a
writ of certiorari to quash Exts.P1 and P3
and writ of mandamus restraining
respondents from initiating further action
pursuant to Ext.P1 special summons issued
under Section 206 of Code of Criminal
Procedure and Ext.P3 complaint filed
before the learned Magistrate which is
taken cognizance as M.V.petty case
No.602/2007. Case of the petitioner is
that his vehicle is KL-7.AZ.8572 and not
KL-7.Z.2872 which is involved in the
commission of the offence, as is seen from
Ext.P1 and therefore, petitioner cannot be
Wpc 28328/09
2
prosecuted for the said offence.
2. A statement was filed by Sub
Inspector of Police which was not
complete. Therefore, additional statement
was subsequently filed as directed by order
dated 13/11/2009. Additional statement filed
by Sub Inspector shows that the motor bike
of the petitioner is KL.7.AZ.8572 as stated
in the writ petition and the vehicle
involved in the incident is KL.7.Z.2872.
Additional statement shows that the said
vehicle does not belong to the petitioner
and by bonafide mistake the details
furnished by the rider of the motor bike
was recorded and Exts.P1 and P3 happened to
be issued.
In such circumstances, it is
absolutely clear that petitioner has nothing
Wpc 28328/09
3
to do with KL.7.Z.2872 which was involved in
S.T.11980/2007 as shown in Ext.P1 or petty
case No.602/2007 as seen in Ext.P3.
Therefore, it is declared that petitioner
shall not be prosecuted pursuant to Exts.P1
and P3.
Petition is disposed accordingly.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.