Kerala High Court
Jyolsna Naveen vs State Of Kerala on 17 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 1980 OF 2018 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 1980 OF 2018
CRIME NO.728/2017 OF Payyannur Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1359 OF
2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONER/S:
JYOLSNA NAVEEN
W/O.NAVEEN, THANNOTH VEED, VELLU AMSOM, KARAMEL,
PAYYANUR, KANNUR DISTRICT.
BY ADV SRI.T.V.JAYAKUMAR NAMBOODIRI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 SWARNALATHA
W/O.RAVINDRAN, NIRMALYAM, NEAR PUTHIYAKAVU ROAD,
ANNUR P.O., PAYYANNUR-670307, KANNUR DISTRICT.
BY ADVS.
SRI.T.M.DEVADAS-R2
SRI.N.D.DIPINGHOSH
SRI.D.SREENATH
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1980 OF 2018 2
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P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 1980 of 2018
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Dated this the 17th day of October, 2024
ORDER
This Criminal Miscellaneous case is filed to quash
the proceedings in CC No. 1359/2017 on the file of the
Judicial First Class Magistrate Court, Payyannur. The
petitioner is the accused in the above case.
2. The allegation is that on 03.03.2017 at about
8.30 am, while the 2nd respondent, who is the defacto
complaint in this case was riding a scooter, the car driven by the
petitioner on the same direction hit the vehicle of the defacto
complainant and she fell down on the left side and she sustained
injury and thereby, the accused committed the offences under
Secs. 279 and 338 IPC. The crime was registered based on a
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private complaint filed before the Judicial First Class
Magistrate Court which was forwarded under Sec.156(3)
Cr.P.C. Annexure-A1 is the private complaint. Annexure-A2
is the final report. According to the petitioner, even if the
entire allegations are accepted, no offence is made out and
it is a false case foisted against the petitioner.
3. Heard the learned counsel for the petitioner
and the learned Public Prosecutor. I also heard the learned
counsel appearing for the 2nd respondent.
4. According to the petitioner, the case charge-
sheeted against the petitioner is false and the entire story of
the defacto complainant is false. According to her, on
03.03.2017, when the petitioner was driving her car
towards Payyanur, she saw the defacto complainant on the
roadside with injury stating that her scooter fell down. The
petitioner carried her to the Priyadarshini Hospital on
humanitarian consideration. She was not having serious
problem, while moving to the hospital is the submission.
Thereafter, the petitioner received summons from the court
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alleging the offence under Secs. 279 and 338 IPC, is the
submission.
5. The counsel appearing for the 2nd
respondent submitted that this Court may not interfere with
the prosecution initiated against the petitioner. The 2 nd
respondent sustained serious injuries and she sustained
injuries because of the rash and negligent driving of the
petitioner.
6. This Court considered the contentions of the
petitioner and the 2nd respondent. This Court perused the
documents produced along with the final report. The
alleged incident happened on 03.03.2017. The private
complaint is seen filed after about four months. Annexure
A1 is the private complaint which was forwarded to the
police. The FIR is registered on 24.07.2017 based on the
complaint which was forwarded under Section 156(3)
Cr.P.C. A certificate issued by the Anaamaya Medical
Institute is produced along with the final report. One
Mrs.Latha K was examined by the doctor on 04.03.2017 at
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12.58 p.m. There is no allegation that the injury sustained
by the 2nd respondent was due to any accident. Another OP
records dated 25.03.2017, 06.06.2017 and 20.06.2017 of
the same Anaamaya Medical Institute were also produced,
in which also there is no case that the 2 nd respondent
sustained injury due to the accident. Counsel for the 2 nd
respondent submitted that there is a prescription from the
Priyadarshini Hospital in which it is stated that the accident
occurred because of a hit by car and the endorsement of the
doctor was on 03.03.2017.
7. This Court perused that prescription. That
prescription is dated 24.02.2017 and in that prescription,
there is an endorsement on 03.03.2017 in which it is stated
that hit by a car. The name of the patient was mentioned
as Latha K. Subsequently, the 2nd respondent was taken to
the Lakeshore Hospital, Ernakulam. The certificate from the
Lakeshore Hospital dated 13.09.2017 would show that the
accident occurred because of a road traffic accident. A
statement was given by the 2 nd respondent to the doctor on
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23.06.2017. Subsequently, Crime No.728/2017 was
registered based on the private complaint.
8. Considering the facts and circumstances of
the case, I am of the considered opinion that the rash and
negligent act alleged against the petitioner can not be
proved even if the entire documents are produced by the
prosecution. Therefore, the continuation of the prosecution
against the petitioner is not necessary.
9. It is submitted that a claim petition is filed
before the Motor Accidents Claims Tribunal alleging
negligence on the part of the petitioner. I make it clear that
the 2nd respondent is free to adduce evidence before the
Tribunal in accordance with law and the Tribunal concerned
is free to decide about the rashness and negligence on the
part of the petitioner independently untrammeled by any
observation in this order.
With the above observation, this Criminal
Miscellaneous Case is allowed. All further proceedings
against the petitioner in C.C. No.1359/2017 on the file of
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the Judicial First Class Magistrate Court, Payyannur arising
from Crime No.728/2017 of Payyannur Police Station are
quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT AND FIR IN
CRIME NO.728/2017 OF PAYYANNUR POLICE
STATION.
ANNEXURE AII COPY OF THE FINAL REPORT IN CRIME
NO.728/2017 OF PAYYANNUR POLICE STATION.
