IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Crl.MC.No. 3037 of 2008() ----------------------------------- CP.33/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S):16TH ACCUSED --------------------------------------------- REMANI AMMA, 54 YEARS, W/O.CHANDRASEKHARA PILLAI, PUTHIYA VEEDU, KALAVOOR VILLAGE, VADAKKOTTU KARA, KOTTARAKKARA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM CRIME NO.257/2006 OF KANJIRAPPALLY POLICE STATION). PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/09/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3037 OF 2008 --------------------------------------------- Dated 7th September, 2010 O R D E R Petitioner is the sixteenth accused in C.P.33/2007 on the file of Judicial First Class Magistrate's Court-I, Kanjirappally, taken cognizance for the offences under Sections 143, 147, 148, 323, 324, 326 and 308 read with Section 149 of Indian Penal Code and Section 66 read with Section 192 of Motor Vehicles Act on Annexure-II final report. Annexure-II final report shows that prosecution case is that petitioner is the registered owner of stage carriage bus KL- 2/T.5005. On 11/7/2006 at about 5.45 p.m because of some dispute with the employees of stage carriage bus KL-7/AE.540, by name Robin, Crmc 3037/08 2 accused 1 to 15 formed themselves into an unlawful assembly and travelled in bus No.KL-2/T.5005 and stopped bus No.KL-7/AE.540 and attacked the injured witnesses and committed the offences. Petitioner was implicated as an accused on the ground that she is the registered owner of the bus and in spite of the direction, permit for the bus was not produced. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that continuation of the proceedings against her is only an abuse of process of the court. When the petition was admitted statement was directed to be submitted, making it clear as to how and why petitioner is being compelled to face sessions trial. In spite of the directions no statement was filed so far. Crmc 3037/08 3 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-II final report does not show that petitioner was a passenger of the bus at the time of the incident. She was implicated only because she was the registered owner of the bus. Reason for implicating her as shown is that she did not produce the permit to show that there was valid permit for the bus at the time of incident. Learned counsel appearing for the petitioner pointed out that Annexure-III stage carriage permit establishes that on 7/12/2004 Secretary, RTA, Ernakulam made an endorsement that stage carriage bus KL-05/J.3780 was replaced by stage carriage KL-2/T.5005 w.e.f 7/12/2004 and subsequently permit was renewed from 5/3/2005 to 4/3/2010. Crmc 3037/08 4 Thus, it is clear that there was valid permit for the bus on the date of the incident. In such circumstances, continuation of the proceedings against the petitioner is only an abuse of process of the court. Petition is allowed. C.P.33/2007 on the file of Judicial First Class Magistrate's Court-I, Kanjirappally against the petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.