Imbichikoya vs State Of Kerala on 29 September, 2010

Kerala High Court
Imbichikoya vs State Of Kerala on 29 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3986 of 2010()


1. IMBICHIKOYA, S/O.AHAMED KOYA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY
                       ...       Respondent

                For Petitioner  :SRI.NIRMAL. S

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :29/09/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.

            ---------------------------------------------
             CRL.M.C.NO.3986 OF 2010
            ---------------------------------------------
            Dated 29th          September, 2010


                           O R D E R

Petition is filed under Section 482

of Code of Criminal Procedure to quash the

cognizance taken for the offence under Section

304 A of Indian Penal Code in C.C.759/2009 on

the file of Judicial First Class Magistrate’s

Court-IV, Kozhikode on Annexure-4 final report

contending that it was due to sudden crossing

of the buffalo the incident occurred and not

due to any rash and negligent driving of the

petitioner.

2. Learned counsel appearing for the

petitioner was heard.

3. Argument of the learned counsel

is that there is absolutely no evidence to

establish that the petitioner was driving the

Crmc 3986/10
2

vehicle rashly or negligently, so as to

endanger human life or that the incident

occurred due to any such rash and negligent

driving and in such circumstances,

continuation of the proceedings is only an

abuse of process of the Court.

This Court cannot scan the evidence

sought to be done by the learned counsel.

Petitioner is at liberty to raise all the

contentions and seek an order of discharge from

the learned Magistrate under Section 239 of

Code of Criminal Procedure. Granting liberty to

the petitioner to raise all the contentions

raised herein before the learned Magistrate,

petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.

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