ADV G SUBODHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application filed under Section 482 of the Code of Criminal Procedure depicts how judicial insensitivity can result in grave miscarriage of justice. The power and majesty of magistracy may be an alluring proposition, especially in a mofussil area. But the judicial officers occupying the seat of justice must always remember that they are dealing with problems of human beings. Insensitivity and insouciance bordering on callous apathy to human feelings may result in extreme mental torture to those who are unwittingly dragged to a criminal court.

(2.) In the instant case a young man, who was involved in a road accident while he was away from his home town, had to face the wrath of a Magistrate. Resultantly, he was banished to judicial custody for a day. The learned Magistrate probably had the satisfaction that he had shown his Magisterial powers and given vent to his judicial wrath. But at what cost

(3.) On February 8. 2003 the petitioner, his parents and sister were proceeding to Chandrapur in Maharashtra through National Highway 47. The petitioner was driving the car which got involved in a road accident. According to the petitioner, an autorickshaw which was coming from the opposite direction suddenly took a turn to a pocket road on his right without giving any signal. Resultantly petitioner had to stop his car suddenly but by that time, another car which was coming from behind the autorickshaw dashed against petitioner's vehicle resulting in grievous injury to the head and right eye of his father (ultimately he lost his vision permanently due to the injury). Petitioner's sister who was sitting in the rear seat, sustained a fracture on her right foot. His mother suffered injuries on her eye. Petitioner had also sustained a ligament injury to his right leg. To make a long story short, petitioner, his parents and sister who were rushed to Fort Hospital. Palakkad. had to be shifted to K.G. Hospital, Coimbatore. According to the petitioner, the matter was reported to Kasba Police not only by him, but by his father as well, through his communication dated February 18,2003.