IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4317 of 2010(F) -------------------------------------- (CRIME NO.317/2010 OF VIYYUR POLICE, THRISSUR) .......... PETITIONER/ACCUSED: ---------------------------------- C.K. PRAKASAN, S/O. KUNJAYYAPPAN, AGED 43 YEARS, CHEMMAPPULLY HOUSE, PERINGOTTUKARA DESHAM, KIZHUPPULLIKKARA VILLAGE, THRISSUR. BY ADV. SRI.V.M.SYAM KUMAR. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4317 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioner employed in C.I. rank as Armed Police Inspector at the Kerala Police Academy, Thrissur filed this petition under section 482 of Code of Criminal Procedure to quash Crime 317/2010 of Viyyur Police Station taken cognizance by Judicial First Class Magistrate Court-I, Thrissur in S.T.2891/2010 contending that the case has been registered with mala fides and the case was registered and investigated and final report has been submitted by the same officer and in such circumstances, the case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel Crl.M.C.4317/2010 2 appearing for the petitioner is that Annexure IV F.I.R was registered by Station House Officer, Viyyur Police Station and Annexure V final report was submitted by the same officer and eventhough it is alleged that petitioner rashly and negligently drove the vehicle along the public road so as to endanger human life, no independent witness was cited and the malicious intend is clear from Annexure I and II proceedings and in such circumstances the case is to be quashed. 4. Learned Public Prosecutor submitted that the final report and the supporting materials prima facie show commission ofthe offence and there is no reason to quash the proceedings. 5. On hearing the learned counsel and going through the final report and the documents produced by the petitioner, I do not find it for this court to exercise the inherent jurisdiction under section 482 of Code of Criminal Procedure to quash the proceedings. It is not for this court to appreciate the evidence in exercise of the powers Crl.M.C.4317/2010 3 under section 482 of Code of Criminal Procedure. If at the time when the incident occurred, there was no independent witness in the public road, the final report cannot be quashed for the reason that no independent witness was cited. The question whether there was malice or not is a matter for consideration at the time of evidence. Hence granting liberty to the petitioner to raise all the contentions raised herein before the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006