ABDULLA IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner - a rider of a two wheeler, was involved in an accident. There was a collusion between his two wheeler and an autorikshaw coming from the opposite direction. It is not disputed before me that the petitioner's vehicle was coming from north towards south and the autorikshaw was proceeding from south towards north. Investigation is complete. Initially, an F.I.R. was registered against the driver of the autorikshaw only. After completing the investigation, `A' and `B' charges have been filed against the petitioner as also the driver of the autorikshaw.

(2.) The petitioner is dissatisfied with the investigation which culminated in `A' and `B' charges including the charge against the petitioner. He therefore filed an application that further investigation may be directed to be conducted. The contention of the petitioner is that the petitioner was not on the wrong side of the road; but was on the correct side of the road and the accident had taken place solely on account of the rashness and negligence of the driver of the autorikshaw.

(3.) The contention appeared to be impressive at the first blush. The learned counsel for the petitioner and the learned Public Prosecutor were requested to advance their detailed arguments. Both of them have attempted to produce a sketch of the spot of the accident with the details available in the scene mahazar, a copy of which is produced as Annexure-III.