IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2106 of 2010() ------------------------- AGAINST THE ORDER DATED 14/05/2010 IN CMP.1159/2010 IN CC.626/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ------------------------ NABEESA ABDUL KHADAR, W/O.ABDUL KHADAR, ODANKAL VEEDU, ARPOOKKARA KARAYIL, ARPPOOKKARA VILLAGE, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS SRI.R.ANILKUMAR RESPONDENT(S): STATE AND COUNTER PETITIONERS ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 3. JOHN VAIDHYAN @ KOCHUMON, S/O.MATHEW VAIDHYAN, VADAKKE PUTHEN VEEDU, MAINAKAPPALLY, KOLLAM. 4. PAREEKUNJU, S/O.IBRAHIM, PULIMOOTTIL VEEDU, KUMARAPURAM P.O., ERNAKULAM. Crl.MC.No. 2106 of 2010() 2 5. DR.KURIANS JOHNS, APPARTMENT NO.116, HAPPY HOMES, KAKKANAD, ERNAKULAM. 6. AJAS N.G.O. QUARTERS, KAKKANAD, ERNAKULAM. 7. AHAMMAD SHIRAS, S/O.SHAFY, 11/160A, 918/160A, MULAKKAVIL, PADAMUKAL, KUNNUMPURAM, KAKKANAD, ERNAKULAM. 8. AMEEN AHAMMAD, S/O.YOUSEF, MAIMUNA VEEDU, VAZHAKKALA, KAKKANAD, ERNAKULAM. 9. AHAMMED RAFEEK, MULAKKAPARAMBIL VEEDU, PADAMUKAL, KUNNUMPURAM P.O., KAKKANAD, ERNAKULAM. GOVERNMENT PLEADER SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2106 of 2010 = = = = = = = = = = = = = = Dated this the 20 th day of July, 2010 ORDER Petitioner, who is the mother of one Vahid who was killed in a road traffic accident forming the subject matter of Crime No.123/2009 of Traffic Police Station, Alappuzha registered for offences punishable under Sections 279 and 304A IPC, challenges the order dated 14.5.2010 passed by J.F.C.M-I, Alappuzha in C.M.P.No.1159/2010 as per which the petitioner sought further investigation of the case which is now pending before the Magistrate as C.C.No.626/2009. 2. The learned Magistrate has perused the investigation files in the above crime and has concluded that Renjith, the regular driver of deceased Vahid had driven the vehicle bearing Registration No.KL-04/V-8211 belonging to the deceased in the morning of 25.03.2009 at 3.45 a.m and that the vehicle dashed against a tree at Chengannur junction resulting in Vahid, the son of the petitioner, sustaining fatal injuries to which he succumbed. Crl. M.C. No.2106 of 2010 2 3. The learned counsel for the petitioner submitted that the deceased was found on the left hand side of the vehicle for which there is no explanation forth coming. If the deceased was driving the vehicle, he would have sat on the front right seat but instead somebody else was driving the vehicle and this itself creates a doubt regarding the prosecution story. This is a pre- planned murder and the learned Magistrate was not justified in refusing the application for further investigation. 4. The court below has adverted to the fact that on the ill- fated day one Renjith the regular driver of the deceased was driving the vehicle as requested by the deceased, who had contacted him in the evening of 24.3.2009. Thus the trip undertaken by the deceased on 25.3.2009 was a pre-planned trip during which the vehicle was driven by Renjith. Petitioner's deceased son Vahid was sitting on the front left seat. The collision of the vehicle against the tree was mainly on the left side and the major front portion of the vehicle has been damaged virtually beyond repair on account of the vehicle ramming into the tree at a great speed. The petitioner has not made any allegations against the said Renjith, who was driving the vehicle. Crl. M.C. No.2106 of 2010 3 The learned Magistrate who had the advantage of seeing the prosecution records was not inclined to order further investigation. The petitioner has not been able to show that the death of her son Vahid in the road traffic accident was not accidental but was the result of a cold blooded ploy to assassinate Vahid. I am not inclined to accept the petitioner's contention. This Crl.M.C is accordingly dismissed. Dated this the 20th day of July, 2010. V. RAMKUMAR, JUDGE sj