Kerala High Court
Viju.P.V @ Biju vs The Sub Inspector Of Police on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CRL.MC NO. 6202 OF 2019
CRIME NO.121/2016 OF CITY TRAFFIC POLICE STATION (WEST), ERNAKULAM
IN CC NO.177 OF 2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
KOCHI
PETITIONER/ACCUSED:
VIJU.P.V @ BIJU
AGED 34 YEARS
S/O.VISWANATHAN, POCHAKKARA HOUSE, KOTTAPADY,
KOTHAMANGALM, ERNAKULAM-686 692.
BY ADVS.
V.A.VINOD
K.A.VINOD ANTONY
RESPONDENTS/COMPLAINANT & STATE:
1 THE SUB INSPECTOR OF POLICE
CITY TRAFFIC POLICE STATION(WEST), ERNAKULAM-682 018.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNKAULAM-682 031.
SR PP - RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 6202 of 2019
2
ORDER
Dated this the 20th day of June, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure,
1973, to quash all further proceedings in Crime
No.121/2016 of City Traffic Police Station (West),
Ernakulam, now pending as C.C. No.177/2018 on the files
of the Judicial First Class Magistrate Court-I, Kochi.
2. Heard the learned counsel for the petitioner and
the learned Public Prosecutor. Perused the relevant
materials including the case diary.
3. Tracing history of the case, one Smt.Sheeja
sustained injuries in a motor accident occurred at about
9.30 am on 07.01.2016. The prosecution allegation in the
FIR was that the accused herein, who had driven bus
bearing registration No.KL-06-B-8225, drove the bus in a
rash and negligent manner so as to endanger human life
and dashed against the scooter driven by CW1 and where
the pillion rider was the above said Sheeja. Initially, Smt.
Sheeja sustained injuries and she was taken for treatment.
While she had been undergoing treatment, Annexure-II
Final Report filed alleging commission of offences
punishable under Sections 279, 337, 338 of IPC and Rule 6
of Road Regulation read with Section 177 of the Motor
Vehicles Act. On getting summons, the accused appeared
before the trial court and pleaded guilty to the charge,
whereby the learned Magistrate passed Annexure-III order
dated 07.12.2016. Accordingly, the learned Magistrate
sentenced the the accused to pay fine of Rs.1,000/- for the
offence punishable under Section 279 of IPC, Rs.500/- for
the offence punishable under Section 337 of IPC,
Rs.1,000/- for the offence punishable under Section 338 of
IPC and Rs.100/- for the offence punishable under Rule 6
of Rules of Road Regulation read with 177 of the Motor
Vehicles Act. The petitioner herein paid the fine.
4. It was thereafter, Smt.Sheeja died and as per
the post mortem report dated 01.04.2017, it was opined
that Smt.Sheeja died of complications following the injuries
sustained in the accident and the ante-mortem injuries
noted are, healing surgical wound on head, brain was soft
and pale and healing wounds on both thighs. Therefore,
the learned Magistrate passed Annexure-IV order dated
27.10.2017 directing further investigation. Thereafter, on
further investigation, Annexure.V Final Report filed alleging
commission of offence punishable under Section 304 of IPC
by the accused by causing death of Smt.Sheeja as a result
of rash and negligent driving.
5. The learned counsel for the petitioner zealously
argued that the petitioner herein pleaded guilty in view of
Annexure-II charge which resulted in Annexure-III order,
since the offences alleged against him were minor in
nature, for which payment of fine alone would suffice.
According to the learned counsel for the petitioner, the
learned Magistrate who took cognizance, acting on
Annexure-II Final Report, had no power to order further
investigation. Therefore, Annexure-V Final Report in view of
Annexure-IV order could not sustain in the eye of law. In
such circumstances, Annexure-V Final report is liable to be
quashed.
6. The learned Public Prosecutor would submit that
as per Annexure-V Final Report, nothing stated to the
effect that further investigation was conducted as directed
by the learned Magistrate as per Annexure-IV order.
Therefore, the learned Public Prosecutor opposed
quashment of Annexure-V Final Report.
7. On perusal of Annexure-V, it is discernible that,
on further investigation it was found from the post mortem
report as well as the statements of the doctor that, Smt.
Sheeja died in consequence of the accidental injuries and
thereby the accused committed offence under Section 304
of IPC also. Having considered the genesis of Annexure-V
Final Report, without mentioning direction given by the
learned Magistrate, it could not be held that further
investigation was the outcome of the order issued by the
learned Magistrate, since the Investigating Officer could
very well go for further investigation, in view of the
mandate of Section 173(8) of Cr.P.C. It is to be noted that,
in the charge it has been stated that after the accident
Smt.Sheeja continued in unconscious stage and therefore
her statement also could not be recorded.
8. In view of the above discussion, cognizance for
the offence under Section 304 of IPC which led to
registration of C.C. No.177/2018 on the files of the Judicial
First Class Magistrate Court, Kochi cannot be quashed.
Accordingly, this petition stands dismissed with
direction to the trial court to try the case and dispose of
the same, at the earliest.
Sd/-
A. BADHARUDEEN
JUDGE
SK
PETITIONER ANNEXURES :
ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.121/2016.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CC
NO.596/2016./
ANNEXURE III COPY OF THE JUDGMENT IN CC NO.596/2016
DATED 07.12.2016.
ANNEXURE IV TRUE COPY OF THE ORDER OF HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
KOCHI DATED 27.10.2017.
ANNEXURE V CERTIFIED COPY OF FINAL REPORT IN CC
NO.117/2018.
RESPONDENTS' ANNEXURES : NIL
