Recently, the Kerala High Court quashed all the criminal proceedings against a bus driver accused of hitting a judicial officer’s official vehicle, resulting in the injury of the car driver, holding that the incident, at best, amounted to a motor accident and did not attract criminal liability.
HC Bench comprising of Justice Syam Kumar V M expounded that the First Information Report (FIR) did not disclose any allegation indicating that the bus driver had any criminal intent to obstruct the car driver or deter a public servant from discharging official duties.
Justice Syam Kumar V M made the observations while hearing the appeal filed by the bus driver Shajeer.
Kerala HC Bench was hearing the appeal filed by one Shajeer, the bus driver, who was charged under Section 324 (causing hurt via dangerous means) and Section 353 (assault on public servants) of the Indian Penal Code (IPC) and the Prevention of Damage to Public Property Act, 1984.
HC Bench stated in its order that, “The said statute (Prevention of Damage to Public Property Act, 1984) was never intended to deal with isolated incidents like the one at hand, which lack an element of assault and criminal force aimed at destroying a ‘Public Property’ and would fall more within the category of motor accident.”
The bus driver sought the quashing of all criminal proceedings against him, initiated on a complaint filed by the driver of the judicial officer’s vehicle.
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