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.
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CRL.M.C.NO.3986 OF 2010
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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.