Ibrahim P.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937Q Crl.MC.No. 3337 of 2015 ----------------------------------- CRIME NO. 148/2015 OF ATHOLY POLICE STATION , KOZHIKODE ------------------- PETITIONER(S)/ACCUSED:
------------------------------------- IBRAHIM P.K, AGED 49 YEARS S/O. IMBICHI MAMMAD, PEETTAKANDY HOUSE, ULLIYERI, KOYILANDY, KOZHIKODE DISTRICT.
BY ADV. SRI.K.R.RADHAKRISHNAN NAIR RESPONDENT(S)/COMPLAINANT:
------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, KOYILANDY, KOZHIKODE DISTRICT.
3. THE REGIONAL TRANSPORT OFFICER, VADAKARA, KOZHIKODE DISTRICT.
BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 3337 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A-1:
CERTIFIED COPY OF THE FIR IN CRIME NO.148/2015 OF ATHOLY POLICE STATION, KOZHIKODE RURAL ANNEXUREA-2:
TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG.NO.KL-18/B-1692 ANNEXURE A3:
TRUE COPY OF THE DRIVING LICENSE NO.18/2062/1984 OF THE PETITIONER ANNEXURE A4:
TRUE CPY OF THE CERTIFICATE ISSUED BY THE ROAD ACCIDENT ACTION FORUM REG.NO.595/03 KOZHIKODE TO THE PETITIONER ANNEXURE A5:
TRUE COPY OF THE SEIZURE MEMO DATED 1-4-15 ISSUED BY THE R2 ANNEXURE A6:
TRUE COPY OF THE APPEAL DATED 29-5-15 FILED BY THE PETITIONER BEFORE THE R3 RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
K. ABRAHAM MATHEW, J.
==================== Crl. M.C.No. 3337 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner was the driver of a vehicle which met with an accident in which one 'Krishnankutty' died. The case has been registered against him for the offence under Section 304A IPC. The prayer is to quash the proceedings in the criminal case and to revoke the order of suspension of the driving licence.
3. Heard.
4. The ground on which the petitioner seeks to quash the proceedings in the criminal case is that the accident was due to unforeseen reasons. It is a matter to be decided after investigation. This is not a valid ground to quash the proceedings. With regard to the suspension of the driving licence, the petitioner may make appropriate application before the competent authorities. If the application has already been filed, the authority may consider it and pass orders on merits.
In the result, this Crl. M.C. is dismissed. The appropriate authorities shall dispose of the application that has been filed by
Crl. M.C.No. 3337 of 2015 ::2::
the petitioner within three weeks from the date of receipt of this order.
Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge