[Cites 5, Cited by 0]
Kerala High Court
Thajudheen vs State Of Kerala on 16 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:3591
CRL.MC NO. 3146 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 16TH DAY OF JANUARY 2026 / 26TH POUSHA, 1947
CRL.MC NO. 3146 OF 2025
CRIME NO.129/2023 OF Parappangadi Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.241 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI
PETITIONER/ACCUSED:
THAJUDHEEN,
AGED 44 YEARS
S/O HAMZA, RESIDING AT PALATHINGAL HOUSE, MOONNIYOOR
SOUTH, TIRURANGADI , MALAPPURAM DISTRICT, PIN -
676303
BY ADVS.
SRI.P.T.SHEEJISH
SRI.P.SREERAM
SRI. HARIKIRAN M.
SMT.PARVATHY S. MANOJ
SRI.A.ABDUL RAHMAN (A-1917)
SMT.AMRITA SAFAL M.
SHRI.YOOSUF SAFWAN T. AJMAL
SMT.PARVATHI
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
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CRL.MC NO. 3146 OF 2025
2
OTHER PRESENT:
PP SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 3146 OF 2025
3
Dated this the 16th day of January, 2026
ORDER
The petitioner is the accused in C.C. No.241/2023
on the file of the Court of the Judicial First Class
Magistrate, Parappanangadi, which has originated from
Crime No.129/2023 of the Parappanangadi Police Station,
Malappuram, alleging the commission of the offences
punishable under Section 336 of the Indian Penal Code and
Section 199A of the Motor Vehicles Act, 1988
( Amendment 2015,2019) ('MV Act', in short).
2. The gist of the prosecution case is that;
On 04.02.2023, at about 19.35 hours, the accused
with an intention to endanger human life and personal
safety of others, gave his motorcycle bearing registration
No. KL-65-K-1158 to a minor, who drove the vehicle
through a public road. Thus, the accused has committed
the above offences.
3. The petitioner states that he has not given his
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CRL.MC NO. 3146 OF 2025
vehicle to any person as alleged by the prosecution. As the
commission of offences under Section 199A (1) of the MV
Act by juvenile is a mandatory requirement to attract the
offences under Section 199A (2), 5 and 180 of the MV Act,
and there being no material to substantiate the commission
of offences by a juvenile, it cuts at the very root of the
prosecution case. Even though Annexure A1 FIR was
registered on 04.02.2023, no Social Background Report of
the juvenile in Form No.1 as envisaged under the Juvenile
Justice (Care and Protection of Children) Model Rules,
2016, ('Rules', in short), has been filed till date. Due to non
filing of the above report and the non- registration of a
crime against the juvenile, the prosecution against the
petitioner is unsustainable in law. Hence, Annexure A1
FIR, Annexure A3 final report and all further proceedings
in C.C.No.241/2023 may be quashed.
4. Heard; the learned counsel for the petitioner and
the learned Public Prosecutor.
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CRL.MC NO. 3146 OF 2025
5. The learned counsel for the petitioner reiterated the
contentions in the Crl.M.C. He relied on the decision of this
Court in Sharafudheen v. State of Kerala [2024 (4) KHC
405], to substantiate his contention that, a prosecution
against the guardian of a juvenile or owner of a motor
vehicle under Section 199A of the MV Act can be initiated
only if the information regarding the commission of an
offence by the juvenile has been recorded in the General
Diary and such information has been followed by a Social
Background Report of a child in Form No.1 to the Juvenile
Justice Board as per the Rules without any undue delay. In
any given case, the final report in relation to the offence
allegedly committed by the juvenile ought to be submitted
before the Juvenile Justice Board within two months from
the date of information in the General Diary.
6. The learned Public Prosecutor does not dispute the
fact that, although the alleged incident took place on
04.02.2023, no Social Background Report of the alleged
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CRL.MC NO. 3146 OF 2025
juvenile has till date been filed before the Juvenile Justice
Board even after the lapse of two years and no crime has
been registered against the juvenile.
7. In light of the principles laid down by this Court in
Sharafudheen's case (supra), which I fully concur, I am of
the definite view that, Annexure A1 - FIR, Annexure A3
final report and all further proceedings in C.C.No.241/2023
are unsustainable in law. As long as no crime has been
registered against the juvenile, the prosecution will not be
against the petitioner.
In the aforesaid circumstances, I allow the Crl.M.C, by
quashing Annexure A1 - FIR, Annexure A3 - final report
and all further proceedings in C.C.No.241/2023 on the file
of the Judicial First Class Magistrate Court,
Parappanangadi as against the petitioner.
Sd/-
C.S.DIAS, JUDGE
rmm/16/1/2026
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CRL.MC NO. 3146 OF 2025
APPENDIX OF CRL.MC NO. 3146 OF 2025
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 129/2023 OF
PARAPPANANGADI POLICE STATION, MALAPPURAM
DISTRICT
Annexure A2 THE CERTIFIED COPY OF THE SEIZURE MAHAZAR
IN CRIME NO: 129/2023, OF THE
PARAPPANANGADI POLICE STATION
Annexure A3 THE CERTIFIED COPY OF THE FINAL REPORT IN
CC 241/23 FROM CRIME NO: 129/2023, OF
PARAPPANANGADI POLICE STATION NOW PENDING
ON THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, PARAPPANANGADI
Annexure A4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN CRL.M.C NO. 7977 OF 2023 DATED
16.10.2023 I
