Kerala High Court
Noushad vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 6799 OF 2024 1
2024:KER:68407
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 6799 OF 2024
CRIME NO.1354/2022 OF MUVATTUPUZHA POLICE STATION,
ERNAKULAM
IN CC NO.81 OF 2022 OF SPL.ADDL.CJM (FOR THE TRAIL
OF CRIMINAL CASES AGAINST SITTING AND FORMER MPS/MLAS OF
THE STATE) ERNAKULAM
PETITIONER/ACCUSED:
NOUSHAD
AGED 37 YEARS
S/O MOITHEEN, RESIDING AT VARIKKATTU HOUSE,
VAZHAPPILLY, MULAVOOR VILLAGE, MUVATTUPUZHA,
ERNAKULAM DISTRICT, KERALA, PIN - 686673
BY ADVS.
PAUL BABY
DAVIS PIUS
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA P.O.,
ERNAKULAM DISTRICT, KERALA, PIN - 686661
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 06.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 6799 OF 2024 2
2024:KER:68407
BECHU KURIAN THOMAS, J
----------------------------------------------------
Crl.M.C.No.6799 of 2024
----------------------------------------------------
Dated this the 06th day of September, 2024
ORDER
The petitioner challenges the Final Report filed in
C.C.No.81 of 2022 on the files of Additional Chief Judicial
Magistrate (Special Court for cases related to MP's/MLA's)
Court, Ernakulam.
2. Petitioner is the accused in the aforesaid
case, in which he is indicted for the offense under Section 336
of Indian Penal Code, 1860 apart from Section 199A(2) of
Motor Vehicle Act, 1988. According to the prosecution, the
accused had permitted his relative, who is a minor child of
seventeen years, to drive a motor vehicle bearing No.KL-17-P-
3459 on 20.05.2022 and thereby committed the offences as
alleged.
3. I have heard Sri. Paul Baby the learned
counsel for the petitioner as well as Smt. Sreeja.V the learned
Public Prosecutor.
2024:KER:68407
4. In the decision Sharafudheen v. State of
Kerala [2024 KHC online 522], this Court held that to
prosecute the guardian of a minor under section 199A of Motor
Vehicles Act, it is necessary that ingredient of commission of
an offence under the Motor Vehicles Act by a minor is satisfied
by an entry in the General Diary followed by the submission
of Social Background Report and the final report filed before
the Juvenile Justice Board.
5. The learned Public Prosecutor upon
instructions submitted that, though the entry was made in the
general diary, while submitting the Final Report, the social
background report was not produced.
6. Since, the Social Background Report has not
been admittedly produced, it cannot be said that the minor had
committed an offense under the Motor Vehicles Act. The main
ingredient of an offence under Section 199A(2) Motor Vehicle
Act is the commission of an offence by a minor. In view of the
decision in Sharafudheen's case it cannot be held that the
criminal proceedings against the guardian can be permitted to
be continued. Hence this is a fit case to quash the proceedings
against the petitioner.
7. Therefore, all proceedings in C.C.No.81 of
2024:KER:68407
2022 on the files of Additional Chief Judicial Magistrate (Special
Court for cases related to MP's/MLA's) Court, Ernakulam
against the petitioner are hereby quashed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Anu
2024:KER:68407
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR NO.1354
OF 2022 DATED 20/05/2022
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 20/05/2022 SUBMITTED BY THE 2ND
RESPONDENT
ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT DATED
24/11/2022 IN WP(C) NO.7479 OF 2022
