BIJI MANIKOTH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in CC No. 1088/2012 of the Judicial First Class Magistrate Court III, Thrissur, for offences punishable under S.279, S.338 and S.304(A) IPC.

(2.) According to the prosecution, on 21/02/2012, while the accused was driving his car, it hit the victim, who, sustained serious injuries. He was rushed to the hospital and was treated there. Crime No. 282/2012 was registered by Mannuthy police for offences punishable under S.279, S.337 and S.338 IPC. After investigation, final report was laid on 31/03/2012. The case was taken cognizance as C.C No. 580/2012. Pursuant to the summons issued, the petitioner herein appeared, charge was read over and he pleaded guilty on 25/06/2012. The Court sentenced him with fine for offences punishable under S.279, S.337 and S.338 IPC. It is stated that fine was remitted by him on the same day. Subsequently, the victim died, allegedly due to the injuries that he had sustained in the accident. Hence, in Crime No. 282/2012, further report was filed adding S.304(A) Penal Code and informing the Court about the further investigation. After completion of investigation, final report was laid for offences punishable under S.279, S.338 and S.304(A) of IPC. Cognizance was taken and the case is now pending as CC No. 1088/2012 of the Judicial First Class Magistrate Court, III, Thrissur. The petitioner has approached this Court to quash Annexure A - 10 final report.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Examined the records.