CASHIOUS CLAY FERNANDEZ Vs. DIRECTOR, MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) Petitioner was involved in a road traffic accident on 22.03.2008 involving the bus driven by him and a motor cycle as a result of which the motor cyclist died and Crime No.194/2008 was registered at Njarakkal Police Station for offences punishable under Sections 279 , 337 and 304(A) IPC against the petitioner being the driver of the bus. It is contended that FIR was filed on 24.3.2008. Though the police authorities state that final report has been submitted before the court, the petitioner did not get any information, neither has he got any summons. It is submitted that the petitioner has got an appointment order as driver in Cochin Corporation under the dying-in-harness scheme. His probation could not be declared because he has not been able to get police verification report.

(2.) Hence, he has approached this Court with this Original Petition seeking a direction to drop all further proceedings since taking cognizance of the crime is barred by limitation under Section 468(2)(c) Cr.PC, and for that reason, the entire proceedings as against him need to be quashed. It is further prayed that directions may be issued to the second respondent to forward a police verification report requested as per Exts.P7 to the first respondent.

(3.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.