IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 28328 of 2009(Q) -------------------------- ST.11980/2007 of J.M.F.C.-II, ERNAKULAM .................... PETITIONER(S): --------------- AUGUSTINE.M.A, SON OF ANTONY, ADVOCATE, EASWAR & MANI, ADVOCATES, ERNAKULAM, KOCHI-682035. (RESIDING AT MECHERY HOUSE, VARAPUZHA, ERNAKULAM). BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, KOCHI CITY, ERNAKULAM, KOCHI-682018. BY GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.28328 OF 2009 ------------------------------------------ Dated 22nd December 2009 JUDGMENT Petition is filed under Articles 226 and 227 of Constitution of India for a writ of certiorari to quash Exts.P1 and P3 and writ of mandamus restraining respondents from initiating further action pursuant to Ext.P1 special summons issued under Section 206 of Code of Criminal Procedure and Ext.P3 complaint filed before the learned Magistrate which is taken cognizance as M.V.petty case No.602/2007. Case of the petitioner is that his vehicle is KL-7.AZ.8572 and not KL-7.Z.2872 which is involved in the commission of the offence, as is seen from Ext.P1 and therefore, petitioner cannot be Wpc 28328/09 2 prosecuted for the said offence. 2. A statement was filed by Sub Inspector of Police which was not complete. Therefore, additional statement was subsequently filed as directed by order dated 13/11/2009. Additional statement filed by Sub Inspector shows that the motor bike of the petitioner is KL.7.AZ.8572 as stated in the writ petition and the vehicle involved in the incident is KL.7.Z.2872. Additional statement shows that the said vehicle does not belong to the petitioner and by bonafide mistake the details furnished by the rider of the motor bike was recorded and Exts.P1 and P3 happened to be issued. In such circumstances, it is absolutely clear that petitioner has nothing Wpc 28328/09 3 to do with KL.7.Z.2872 which was involved in S.T.11980/2007 as shown in Ext.P1 or petty case No.602/2007 as seen in Ext.P3. Therefore, it is declared that petitioner shall not be prosecuted pursuant to Exts.P1 and P3. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.