Dr. K.V. Jamaludheen v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Crl.MC.No. 1427 of 2014 ---------------------------------- CC 48/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM CRIME NO. 1198/2014 OF VADAKKEKAD POLICE STATION, THRISSUR -------------------- PETITIONER(S)/ACCUSED:-:
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1. DR. K.V. JAMALUDHEEN, AGED 36 YEARS, S/O.IBRAHIM, KANDATHVALLAPPIL HOUSE, AATTUPURAM, VADAKKEKADE, THRISSUR DISTRICT.
2. IBRAHIM, AGED 58 YEARS, S/O.MOIDU, KANDATHVALLAPPIL HOUSE, AATTUPURAM, VADAKKEKADE, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT RESPONDENT/STATE:-:
------------------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 1427 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE A. CERTIFIED COPY OF THE FIR REGISTERED BY THE VADAKKEKADE POLICE IN CRIME NO.1198/2013.
ANNEXURE B. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1198/2014 OF VADAKKEKKAD POLICE STATION, THRISSUR DISTRICT. RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
B.KEMAL PASHA, J.
=================== CRL.M.C. No.1427 of 2014 ==================== Dated this the 5th day of October, 2015
O R D E R
The petitioners are the accused in C.C.No.48 of 2014 of the Judicial First Class Magistrate's Court, Kunnamkulam, which has arisen from Crime No.1198 of 2014 of the Vadakkekkad Police Station, for the offences punishable under Section 5 read with Section 180 of the Motor Vehicles Act and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
2. The allegation against the petitioners is that they had permitted a boy aged 11, who is the son of the 1st petitioner and the grandson of the 2nd petitioner, to drive a motor car through the public road.
3. Of course, it will invite the offence under Section 5 read with Section 180 of the Motor Vehicles Act. At the same time, it will not constitute the offence under Section 23 of the
CRL.M.C. No.1427 of 2014 Juvenile Justice (Care and Protection of Children) Act, 2000. Matters being so, the offence under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 incorporated in Annexure B Final Report is quashed. In the result, this Crl.M.C. is allowed accordingly. Sd/- B. KEMAL PASHA JUDGE DSV/6/10/15 // True Copy // P.A. To Judge