MOHAMMED ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") with a prayer to quash all further proceedings in L.P. No. 36 of 2014 on the files of the Chief Judicial Magistrate Court. Manjeri. The aforesaid case had arisen from Cr. No. 979 of 2011 of the Manjeri police station registered at the instance of the 2nd respondent herein under S. 304A, 279, 338 of the Indian Penal Code.

(2.) The prosecution allegation is that on 11.12.2011 at 4.30 P.M., while the 3rd respondent was riding a motor bike with his father on the pillion, the petitioner who was driving a jeep in a rash and negligent manner, dashed against the motor bike causing severe bodily injuries to the 3rd respondent and his father. Later, Kunjumon Maulavi, the father of the 3rd respondent herein succumbed to the injuries.

(3.) Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and the learned counsel appearing for respondents 2 and 3. The 2nd respondent incidentally is the younger brother of the deceased and he had set the law in motion.