IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Crl.MC.No. 4095 of 2011(B) ------------------------- CRIME NO.12466/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,N.PARAVUR PETITIONER(S): 2ND ACCUSED: --------------------------- C.T.ABRAHAM, PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, NATIONAL HIGHWAY AUTHORITY OF INDIA, 2B, RAK TOWER, EDAPALLY, KOCHI-682 024. BY ADV. SRI.THOMAS ANTONY RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOCHI CITY TRAFFIC POLICE STATION, EDAPALLY, KOCHI-682 024. BY PUBLIC PROECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4095 of 2011(B) APPENDIX PETITIONERS ANNEXURES: ANNEXURE 1: CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.12466/11 DATED 15/10/2011. ANNEXURE 2: THE TRUE PHOTOCOPY OF THE LETTER NHA1/TECH/VPC/KV/2010/318 DATED 24/01/2011. ANNEXURE 3: THE TRUE PHOTOCOPY OF THE LETTER D2(B)/3890/11EC DATED 28/1/2011 OF THE COMMISSIONER OF POLICE. ANNEXURE 4: THE TRUE PHOTOCOPY OF THE LETTER NHAI/TECH/VPC/KV/2011/110 DATED 16/9/2011. ANNEXURE 5: THE TRUE PHOTOCOPY OF THE NOTICE UNDER SEC.41(A) OF THE CR.PC DATED 18/10/2011. ANNEXURE 6: THE TRUE PHOTOCOPY OF THE REGISTERED LAWYER NOTICE DATED 24/10/2011. ANNEXURE 7: THE TRUE PHOTOCOPY OF THE RETURNED LAWYER NOTICE COVER AND ACKNOWLEDGE CARD. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4095 OF 2011 (B) ------------------------------------------ Dated this the 14th day of December, 2011 O R D E R The petitioner is the 2nd accused in Crime No:12466/2011 of Kochi – City Traffic. A motor accident took place at the Container Terminal Road signal junction (CT Road Junction), at about 10.30 A M on 14.10.2011. The driver of the tipper lorry drove the lorry in a rash and negligent manner and dashed against the Car KL-02-R-6760 at that junction. There is also an allegation that the accident occurred due to the non functioning of the traffic signal system. It is contended that the power supply was disconnected by the officials of the K.S.E.B. on the ground that the amount for the consumption of electricity was not paid. Police put the blame for non payment of the electricity charges on the National Highway Authority of India and thus made the petitioner as the 2nd accused. 2. The learned counsel for the petitioner submits that Crl. M.C. No: 4095 OF 2011 ( ) -2- as per the provisions of the National Highway Authority of India Act, no action can be taken against the petitioner who is only the Project Director. That apart, the petitioner had sent Annexure 2 letter dated 24.1.2011 to the Commissioner of Police, Kochi City, with regard to the installation of signal lights along I.C.T.T. Vallarpadam road. The City Police Commissioner was informed that considering the urgency of the Prime Ministers visit, the amount was paid by the N.H.A.I. It was also informed that the K.S.E.B officials were informed of the necessity to get a consent letter from the police department and that the maintenance of the installation shall be done and the electricity charges shall be remitted by the police department. 3. Annexure 3 is the reply dated 28.1.2011 sent by the Commissioner of Police, Kochi City, as per which 'No Objection Certificate' was issued for the installation of Traffic Signal system. Nothing was stated in Annexure 3 Crl. M.C. No: 4095 OF 2011 ( ) -3- that there was any difficulty for the police to pay the electricity charges. Annexure 4 is another letter sent by the petitioner, on 16.9.2011, to the Commissioner of Police, Kochi city informing the latter that the copies of the bills to pay the electricity charges were sent along with that letter. But because of the urgency, the electricity charges were paid by the petitioner out of N.H.A.I. Fund. 4. It is submitted by the learned counsel for the petitioner that so many accidents take place on the I.C.T.T. Vallarpadam road. Simply because the petitioner is the Project Director he cannot be mulcted with criminal liability. The non functioning of the signal system was not fault of the petitioner. Even if it is assumed for the worst position that it was the Project Director who was to pay the electricity charges and it was because of non payment of the charges, the signal system failed, still the petitioner who is only the Project Director cannot be fastened with criminal liability. Crl. M.C. No: 4095 OF 2011 ( ) -4- Imparting the principle of vicarious liability, criminal liability cannot be fastened on the petitioner who is only the Project Director. 5. When the vehicle reaches the junction it is the duty of the driver of the vehicle to see that no vehicles are proceeding towards the junction from either side or from the opposite side and for that purpose, the driver has to stop his vehicle and only after ensuring that the road is free, he could move the vehicle forward. That is the reasonable care a driver is expected to take. The fact that there was no signal is no justification for the driver to drive his vehicle without taking care of the on coming vehicles. The driver of the vehicle cannot escape from such liability putting the blame on the K.S.E.B. officials or the Project Director who might be responsible for the installation of the signal system. I don't make any observation regarding the civil liability. Crl. M.C. No: 4095 OF 2011 ( ) -5- 6. I find no justification in implicating the petitioner as the accused in a criminal case for a rash and negligent driving of the vehicle by the driver and causing the accident. Hence this petition is allowed. The proceedings as against this petitioner, who is arrayed as 2nd accused, in the aforesaid crime will stand quashed. N.K. BALAKRISHNAN, JUDGE jjj