ANAND MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is seeking to set aside order dtd. 20/2/2023 in Crl.M.P. No.138/2022 in SC No.362/2022 of the Additional Assistant Sessions Court-II, Ernakulam in reference to Ss. 324 and 269 IPC and discharge the petitioner in the said case under Ss. 324 and 269 IPC as well.

(2.) The petitioner is the sole accused in Crime No.978/2021 of Ernakulam Town South Police Station. It is alleged that on account of the petitioner negligently dumping plastic cover which contained garbage at public place with the knowledge or belief that it is likely to spread infection of any disease dangerous to life, was foiled by the intervention of CW1. On 19/8/2021, while CW1 was riding back home after the incident, in his scooter bearing registration No.KL07BH-290, the petitioner, due to spite, drove his car bearing registration No.KL-07CM-7889 chased and hit behind the scooter driven by him. As a result, CW1 was thrown on the road and sustained injury to his right leg. The prosecution alleged that the accused did the act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder. Thus, the petitioner committed offence under Ss. 269, 324 and 308 IPC.

(3.) The petitioner, after entering appearance in the case, filed a petition for discharge. The petitioner contended that the ingredients of offences under Ss. 269, 324 and 308 IPC are not made out and he is entitled to discharge. The Additional Assistant Sessions Court considered the arguments elaborately and allowed the discharge application partly. The court held that the petitioner is entitled for a discharge of the offence under Sec. 308 IPC. The court held that the petitioner cannot be discharged for offences under Ss. 269 and 324 IPC. The Additional Assistant Sessions Judge therefore transmitted the case records to the Additional Chief Judicial Magistrate (EO), Ernakulam. It is the afore order dtd. 20/2/2023 of the Additional Assistant Sessions Judge-II which is under challenge in this Crl.R.P.