SHIBI Vs. SURESH.P.

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the accused in C.C.No.3/2014 pending before the Chief Judicial Magistrate Court, Palakkad to quash the proceedings under Section 482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioner has been arrayed as the accused in C.C.No.3/2014 on the file of the Chief Judicial Magistrate Court, Palakkad alleging offences under Sections 279 and 304(A) of the Indian Penal Code and Section 146 read with Section 196 of the Motor Vehicle Act. The prosecution case was that on 22.11.2013 at about 7.30 p.m, the accused rode his motor cycle with Reg.No.KL -11/AC 1055 in a rash and negligent manner so as to endanger to human life and turned the vehicle without giving proper signal at the place of occurrence and on account of the negligent act, the deceased, who was also riding a motor cycle coming behind, happened to hit against the motor cycle driven by the accused and sustained severe injuries and later succumbed to the same and thereby he had committed the above said offence. According to the petitioner, the Motor Vehicle Inspector's report will go to show that there no was damage noted to his vehicle and if the prosecution case is accepted, there must be severe damage caused to the vehicle of the accused as well, but that was not seen in this case. So, according to the petitioner, it is a bogus case created by the family members of the deceased so as to get compensation from the insurance company and so he has no other remedy except to approach this Court seeking the following relief. "For these and other grounds which may be urged at the time of hearing, it is most humbly prayed that this Hon'ble Court may be pleased to allow this Criminal Miscellaneous Case, quash Annexure A, Final Report and all proceedings pursuant thereto in C.C.No.3/2014 of the Court of Chief Judicial Magistrate, Palakkad against the petitioner/accused so as to secure the ends of justice.

(3.) Heard the counsel for the petitioner and the learned Public Prosecutor and also the counsel appearing for the first respondent, who is the defacto complainant in the case.