IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3556 of 2010() ------------------------ ST.3458/2009 of JUDL. FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA CRIME NO. 1149/08 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM ............................................................. PETITIONER / ACCUSED : ---------------------------------- FAIZAL M.A., S/O. C.S. ASSIS, MOOLAMKUZHIYIL HOUSE, EAST MARADY, MUVATTUPUZHA. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU SRI.K.S.PRAVEEN RESPONDENT / COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3556 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER Petitioner the accused in S.T.3458/2009 taken cognizance for the offences under sections 279, 337 of Indian Penal Code by Judicial First Class Magistrate, Muvattupuzha filed this petition under section 482 of the Code of Criminal Procedure to quash the cognizance taken contending that there is no material to connect the petitioner with the alleged offences and petitioner was not in Station at the time when the incident arose. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The final report shows that it was the petitioner who was driving Scorpieo Car bearing reg.No.KL-17-E-555 on 8.9.2008 at about 5 p.m Crl.M.C.3556/2010 2 rash and negligently so as to endanger human life and by such driving, hit on Ambassador car KL- 5.K.7851. In the light of the final report, petitioner is not entitled to get the case quashed. Petitioner is at liberty to raise all the contentions before the learned Magistrate and it is for the learned Magistrate to consider them in accordance with law. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006