NAUSHAD K.Y. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed by the accused in C.C.No.825/2019 on the file of the Judicial First Class Magistrate Court-II, Cherthala. The case against the accused has been charge sheeted by the Sub Inspector of Police Aroor, in crime No.538/19 of Aroor Police station.

(2.) Prosecution case is that on 12.5.2019 while the accused was driving KL-32-L-9944 autorickshaw from north to south through N.H and reached near Pallimukku bus stop, his vehicle hit against CW1 who was crossing the road from west to east, causing him to throw on the road resulting in fracture of the left ankle bone and thereby accused committed the offences punishable under Sections 279 and 338 of IPC.

(3.) According to the learned counsel, he was an autorickshaw driver who saved the life of 4 th respondent/defacto complainant who was lying on the road after an accident while the petitioner was passing through the road back to his home from Thoppumpady to Aroor. According to her, as a good Samaritan he took the victim - 4 th respondent to the house of his nephew situated 200 mtrs away from the place of incident. Subsequently, he has been falsely implicated as an accused in the above crime. Hence he filed a complaint before the 5 th respondent. An enquiry was ordered and Dy.S.P., Cherthala conducted an enquiry and filed false report. Hence this case has been filed to quash the FIR in crime No.538/2019 of Aroor police station and the proceedings in C.C.No.825/2019 on the file of the Judicial First Class Magistrate Court-II, Cherthala.