IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Crl.MC.No. 716 of 2006 ------------------------ SC.426/2003 of PRINCIPAL SESSIONS COURT, ERNAKULAM .................... PETITIONER/: ACCUSED. ----------------------- JOHN, AGED 54, S/O.KURIAKOSE, MUNDAPLACKAL HOUSE, ALPARA P.O. KOCHUCHELACHUVADU KANJIKUZHI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS/: COMPLAINANT. --------------------------- 1. STATE OF KERALA, REP. BY THE DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM. BY PUBLIC PROSECUTORMR. C.M. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M..NO. 1120/2006 IN CRL.M.C. 716/2006 DISMISSED. 12-2-2009 SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S.TO JUDGE M.C. HARI RANI, J. ====================== CRL.M.C.NO. 716 of 2006 ========================= Dated this the 12th day of February 2009 ORDER The petitioner herein is the sole accused in S.C.No.426/2003 pending on the file of the Principal Sessions Court, Ernakulam. Annexure-A1 produced along with this petition is the copy of the final report filed by the second respondent herein in Crime No. 61/2002 alleging offences under Sections 279, 337, 338 and 304 of the Indian Penal Code against the petitioner herein as the accused. The petitioner herein was arrayed as the accused in the above case with the allegation that while the petitioner was driving K.S.R.T.C. Bus, KL-15/4468 in a rash and negligent manner, it hit against the jeep bearing registration No. KL-7/B 9675 at 11.10 a.m. on 21-4-2002 causing death of five persons and personal injuries to other eight persons who were travelling in the jeep and the petitioner has thus committed the above offences. It is alleged in CRMC. 716/2006 -2- this petition that on the basis of that charge sheet, the learned Assistant Sessions Judge,Muvattupuzha has framed Annexure-A2 charge on 26-7-2004 against the petitioner for the offences under Sections 279, 337 and 338 and 304 of I.P.C. It is alleged in this petition that before framing charge under the above sections by the learned Assistant Sessions Judge on 26-7-2004, no opportunity was given to the petitioner and was not heard on the question of framing charge though he was represented by a counsel and the the concerned counsel appeared for him. Only after framing the charge, it was read over to him. Thereafter, the case was withdrawn by the Principal Sessions Court, Ernakulam and scheduled for trial. Hence, this petition is filed before this Court with the allegation that charge under Section 304 of I.P.C. will not lie against the petitioner. Even as per the statements of the witnesses which were recorded by the police during investigation, offence under Section 304 A of I.P.C. alone is attracted. Therefore, this petition is filed under Section 482 of Cr.P.C.with the prayer to direct the learned Sessions Judge to reframe the charge after giving the petitioner an opportunity of hearing. CRMC. 716/2006 -3- 2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 3. After hearing the learned counsel for the petitioner and also the learned Public Prosecutor, I find that this petition can be allowed to the effect that an opportunity of hearing shall be given to the petitioner and after hearing the submissions of the accused and the prosecution on the charge already framed by the learned Assistant Sessions Judge, Muvattupuzha, the same may be altered as provided under Section 216 of Cr.P.C.by the learned Sessions Judge, Ernakulam, if found necessary, and to meet the ends of justice in the present case and to proceed with the case in accordance with law. With these observations, this Crl.M.C.is closed. M.C. HARI RANI JUDGE ks.