AI Structured Summary
Not yet generated for this judgment
Judgment
M. Sasidharan Nambiar, J.—Petitioner employed in C.I. rank as Armed Police Inspector at the Kerala Police Academy, Thrissur filed this petition u/s 482 of Code of Criminal Procedure to quash Crime 317/2010 of Viyyur Police Station taken cognizance by Judicial First Class Magistrate Court-I, Thrissur in S.T.2891/2010 contending that the case has been registered with mala fides and the case was registered and investigated and final report has been submitted by the same officer and in such circumstances, the case is to be quashed.
Learned Counsel appearing for the Petitioner and learned Public Prosecutor were heard.
The argument of the learned Counsel appearing for the Petitioner is that Annexure IV F.I.R was registered by Station House Officer, Viyyur Police Station and Annexure v. final report was submitted by the same officer and even though it is alleged that Petitioner rashly and negligently drove the vehicle along the public road so as to endanger human life, no independent witness was cited and the malicious intend is clear from Annexure I and II proceedings and in such circumstances the case is to be quashed.
Learned Public Prosecutor submitted that the final report and the supporting materials prima facie show commission of the offence and there is no reason to quash the proceedings.
On hearing the learned Counsel and going through the final report and the documents produced by the Petitioner, I do not find it for this Court to exercise the inherent jurisdiction u/s 482 of Code of Criminal Procedure to quash the proceedings. It is not for this Court to appreciate the evidence in exercise of the powers u/s 482 of Code of Criminal Procedure. If at the time when the incident occurred, there was no independent witness in the public road, the final report cannot be quashed for the reason that no independent witness was cited. The question whether there was malice or not is a matter for consideration at the time of evidence. Hence granting liberty to the Petitioner to raise all the contentions raised herein before the learned Magistrate, petition is dismissed.