SUNDAR LAL SUNDARAM Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Petitioner is arraigned as the accused in Crime No.714/2017 for the offences punishable under Section 279 IPC and Section 185 of the Motor vehicle Act, 1988. The allegation is that under the influence of liquor, the petitioner drove Jeep bearing Registration No.KRF-2475 through the Kulathupuzha - Madathara public road from south to north on 06.07.2017 at 9 am, in a rash and negligent matter so as to endanger human life. Annexure-A1 is the FIR. Annexure-A2 is the final report whereby the very same offences have been alleged against the petitioner.

(2.) The petitioner has produced the copy of the test report, being relied on by the police, as Annexure-A3, which clearly shows that the date of incident was 02.07.2017, and the time was 10.29. The signature of the petitioner was also obtained in Annexure-A3. It is evident that Annexure-A3 was of 02.07.2017 even though the incident is alleged as one that had taken place on 06.07.2017.

(3.) From Anexure-A3, it is evident that the entire versions given by the police are false. Unnecessarily, the petitioner has been trapped in a criminal case, which is quite unnecessary, and therefore, Annexures A1 and A2 and all further proceedings in S.T.No.3155/2017 of the Judicial First Class Magistrate's Court-I, Punalur against the petitioner are liable to be quashed.