IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 1076 of 2004 ------------------------- CC.5/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... PETITIONER: ACCUSED ------------------- CHRISTOPHER V.JOSEPH, VETTIKANAL HOUSE, S.H.MOUNT, NATTASSERY, KOTTAYAM. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 1076 of 2004 ======================== Dated this the 30th day of May 2008 ORDER The petitioner herein is the driver of the Kerala State Road Transport Corporation bus, who is the 2nd accused in C.C.No.428/2001 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta. The first accused was the driver of an autorikshaw. The charge was laid against both the accused under Sections 279 and 338 of the Indian Penal Code with the allegation that on 7-6-2001 at 6.30 p.m., the autorikshaw driven by the first accused hit on the back side of a motor cycle and the rider of the motor cycle fell down due to hit and sustained injuries. The injured was taken to the hospital and the motor cycle was lying on the road. Thereafter, at 7 p.m.the K.S.R.T.C. bus driven by the petitioner herein also hit against the motor cycle which was lying on the road. Both the drivers of the autorikshaw and the K.S.R.T.C. bus were charge sheeted for the offences punishable under Sections 279 and 338 I.P.C. The said charge was laid as if the offences are part of the same transaction. Subsequently the first accused who is the autorikshaw CRMC. 1076/2004 -2- driver pleaded guilty to the charge laid against him and he was sentenced to pay a fine of Rs.600/- under Section 279 and Rs.800/- under Section 338 I.P.C. Thereafter the case against the petitioner/driver of the K.S.R.T.C. bus was split up and refiled as C.C.No.5/2003. According to the learned counsel appearing for the petitioner, the charge laid against him is unsustainable and is an abuse of process of the court and is liable to be quashed under Section 482 Cr.P.C. 2. Heard the learned Public prosecutor also. 3. I have perused the records produced before this Court. Annexure-I is the copy of the draft charge sheet produced before the learned Magistrate against accused 1 and 2 for the offences under Sections 279 & 338 I.P.C. On a perusal of the draft charge sheet, it is clear that no charge will lie against the petitioner herein under Sections 279 and 338 I.P.C. The police has laid a common charge against both the accused, as if both the accused have committed the same offence in the course of the same transaction. But it is brought out from the record that both the incidents happened on the same day but at different times. The first incident was at 6.30 p.m. by the first accused and the time of occurrence of the second incident was at 7 p.m. There cannot be any clubbing of charges in criminal cases CRMC. 1076/2004 -3- in respect of incidents occurred at different times and on that ground no further proceedings can be initiated against the petitioner. Therefore, the proceedings pending against the petitioner in C.C.No.5/2003 on the file of the Judicial first Class Magistrate Court-II, Pathanamthitta is quashed. The Crl.M.C.is allowed. M.C. HARI RANI JUDGE ks.