IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Crl.MC.No. 3986 of 2010() ----------------------- CRIME NO. 2102/05 OF KOZHIKODE CITY TRAFFIC POLICE STATION .................................................. PETITIONER / ACCUSED : ----------------------------------- IMBICHIKOYA, S/O.AHAMED KOYA, ULLATTIL VEEDU, KOMMERY METHODATHAZHAM, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT / COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3986 OF 2010 --------------------------------------------- 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.