Rahul R vs State Of Kerala
2024 Latest Caselaw 32594 Ker

Kerala High Court

Rahul R vs State Of Kerala on 11 November, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE S.MANU

    MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                      CRL.MC NO. 2467 OF 2020

  CRIME NO.1328/2019 OF Nemom Police Station, Thiruvananthapuram

     AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2566 OF 2019 OF

JUDICIAL MAGISTRATE OF FIRST CLASS COURT - VII,NEYYATTINKARA

PETITIONER/ACCUSED:

          RAHUL R.,
          AGED 22 YEARS
          S/O.ROBERT RAJ, RESIDING AT LAL SADANAM HOUSE, OOKKODU,
          WARD NO.9, KALLIYOOR VILLAGE, NEMOM TALUK,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695042.


          BY ADVS.
          J.R.PREM NAVAZ
          SHRI.SUMEEN S.


RESPONDENT/STATE & DEFACTO COMPLAINANT:

          STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM, PIN -682031.

          SMT. NIMA JACOB, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2467 OF 2020

                                        2

                                                             2024:KER:83688
                                      ORDER

This Crl.MC is filed by the accused in C.C No.2566/2019 pending

before the Judicial First Class Magistrate (Temporary), Neyyatinkara,

Thiruvananthapuram. The offences alleged against the Petitioner are under

Sections 279 & 304 (A) of the Indian Penal Code.

2. According to the Prosecution, the accused on 19.05.2019, drove

his motor cycle bearing registration No.KL-01-BW-4639 in a rash and

negligent manner through Vellayani Kalliyoor Road at about 11.30 hrs, took

a sudden turn to the right side without giving any signals, causing accident

leading to the death of one Vishnu Raj who was coming in the same

direction from behind in a motor cycle bearing registration No.KL-01-D-CD

4281.

3. The learned counsel for the Petitioner submitted that the

vehicle/motorcycle in which the deceased was traveling was coming in the

same direction from behind and hit the vehicle/motorcycle driven by the

accused. He argued that no negligence is attributable to the

Petitioner/Accused in the facts and circumstances of the case. The learned

Public Prosecutor on the other hand submitted that whether negligence is

involved or not is a matter of evidence, where this Court will not be justified

in accepting the prayer for quashing the proceedings.

4. Taking into account the contentions raised by both sides and the

materials available on record, I am of the view that the Petitioner/Accused

can move the Trial Court for discharge if he is advised so. If any application

for discharge is filed by the Petitioner, the same shall be considered by the CRL.MC NO. 2467 OF 2020

2024:KER:83688 learned Magistrate and orders shall be passed within a period of two

months from the date of filing of the application for discharge. It is made

clear that all contentions on merits raised in this Crl.MC are left open.

5. With these observations and directions, this Crl.MC. Is disposed of.

SD/-

S.MANU JUDGE Nsd CRL.MC NO. 2467 OF 2020

2024:KER:83688

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT AND CHARGE SHEET IN CRIME NO.1328 OF 2019OF NEMOM POLICE STATION THIRUVANANTHAPURAM DISTRICT.