SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This case has been referred to this Court as per reference order dated 04/10/2017. The petitioner had approached this Court challenging the final report by which he was charge sheeted for an offence punishable under Section 118(e) of Kerala Police Act, 2011 (for short 'the Act'). The prosecution case was that the petitioner was found driving a car through a public road in excessive speed and he was talking over the mobile phone. The incident occurred on 26/04/2017 at 17.45 hours. The petitioner contended that using mobile phone while driving will not fall within the mischief of Section 118(e) of the Act. Reliance was also placed on the orders passed in Crl.M.C. Nos. 1060/2012, 1646/2012 and 8422/2016 which were produced as Annexures A3, A4 and A5 respectively.

(2.) The learned Single Judge while referring the matter observed that, using a mobile phone while driving a vehicle through a public road will also constitute the offence under Section 118(e) of the Act and therefore the matter was referred for adjudication by a Division Bench.

(3.) Learned counsel for the petitioner contended that, though driving a vehicle and simultaneously using a mobile phone would amount to a penal provision coming under Section 184 of the Motor Vehicles Act, 1988 (MV Act for short) or even can be termed as rash and negligent driving which may endanger life or cause injury or harm to any other person as contemplated under Section 279 of IPC, it will not attract the penal provision under Section 118(e) of Act.