IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4506 of 2010() --------------------- CRIME NO. 790/2010 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM .................................................. PETITIONERS : ---------------------- 1. RIYASUDHEEN, AGED 29 YEARS, S/O.BASHEER, KATTAKALIL VEEDU, NETAJIPURAM, KOLIYAKODU,TRIVANDRUM DIST 2. KRISHNAKUMAR, AGED 27 YEARS, S/O.RAJAN PILLAI, CHARUVILA PUTHEN VEEDU, VENJARAMOODU, TRIVANDRUM DISTRICT. BY ADV. SRI.M.ZIYAD RESPONDENT(S): ------------------------- 1. THE SUB-INSPECTOR OF POLICE KILIMANOOR POLICE STATION, TRIVANDRUM DIST 2. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4506 of 2010 -------------------------- ORDER Petitioners are accused 2 and 3 in Crime No. 790/2010 of Kilimanoor Police Station, registered for the offences under Sections 279, 337 and 109 of Indian Penal Code and Sections 133 and 134 of Motor Vehicles Act on Annexure-A1 FIR on the allegation that on 16.9.2010 at about 7 p.m., during evening patrol duty, when the police party, headed by Sub Inspector of Police, reached Kuravankuzhy, KL-21/A 55 White Scorpio Car was found proceeding along Kottarakkara-Thiruvananthapuram road, from north to south, in a rash and negligent manner so as to endanger human life and by such driving, the car hit on Motor Cycle KL-16/B 9575, which was proceeding in the same direction and as a result, the rider of the motor cycle was caused to fall on the road. Police party rushed to the spot. While verifying whether rider sustained any injuries, the CRMC 4506/10 2 car was taken away from the spot after damaging an electric post. The injured was taken to Sree Gokulam Medical College. Sub Inspector of Police traced out the car which was found at Oonnunkal and it was got stopped. First accused was driving the vehicle and petitioners were there in the vehicle as passengers. On the allegation that when the driver was questioned, he disclosed that he was persuaded by the petitioners to remove the car from the spot and therefore, he took away the vehicle from the spot of accident. This petition is filed under Section 482 of Code of Criminal procedure to quash the FIR and all further proceedings contending that when petitioners are only the passengers of the vehicle, they cannot be prosecuted for the alleged offences and hence, continuation of the proceedings is only an abuse of process of the court. Sub Inspector of Police submitted Annexure-A1 report to the court stating that case is being investigated incorporating an offence under Section 304 of Indian Penal Code CRMC 4506/10 3 also. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure-A1 FIR itself establishes that petitioners were only passengers of the car. First accused was the driver at the time of the accident. If first accused was driving the vehicle rashly and negligently so as to endanger human life and due to his negligence hit on a motor cycle and caused hurt to the rider of the motor cycle, passengers of the car cannot be prosecuted for the offences. Learned Public Prosecutor also submitted that there is no material to proceed against the petitioners. In such circumstances, petition is allowed. Annexure-A1 FIR and all further proceedings thereunder against petitioners, who are accused 2 and 3 is quashed. It is made clear that case could be proceeded against the first accused. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv