Marshal D'Cunha vs the Sub Inspector

Marshal D'Cunha vs The Sub Inspector

Type Court Judgment Court Kerala Orders Decided Jan 16, 2019

~4 min read

https://sooperkanoon.com/case/1920663

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1920663
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Jan 16, 2019
Case Number: OP(Crl.)/3299/2013

Parties & Advocates

Appellant / Petitioner

Marshal D'Cunha

Respondent

The Sub Inspector

Excerpt

.....of the judicial magistrate of first class-ii, ernakulam. he is alleged to have committed the offences under sections 279 ipc and 185 of motor vehicles act. the learned magistrate found that section 185 of motor vehicles act is not applicable to the facts of the case. so the petitioner is being proceeded against for the offence under section 279 ipc only. the proceedings are sought to be quashed.2. heard the learned counsel for the petitioner and the learned public prosecutor.3. annexure a2 is the complaint filed by the si of police of central police station, ernakulam. the allegation is that the crl.mc.3378 & op(crl)3299/2013 4petitioner drove a vehicle along a public road in a rash and negligent manner. but the manner in which it was driven is not mentioned. a general allegation is not sufficient to attract the offence. so i am inclined to quash the proceedings. in the result, this crl.m.c. is allowed the proceedings in c.c.no.1150 of 2009 on the file of the judicial magistrate of first class-ii, ernakulam are quashed. op(crl.)no. 3299 of 2013 the proceedings against the petitioner in c.c.no.1150 of 2009 has already been quashed by the order passed today in crl.m.c.no.3378 of2013. so this original petition need not be proceeded with. accordingly it is closed. sd/- k.abraham mathew judge mc/18.1.19 crl.mc.3378 & op(crl)3299/2013 5appendix of crl.m.c.no.3378 of 2013 petitioner's/s exhibits: annexure 1- certified copy of the fir in crime no. 706 of 2009 annexure 2- certified copy of the final report dated 22.03.2009 in c.c. no. 1150 of 2009 respondent's/s exhibits: nil crl.mc.3378 & op(crl)3299/2013 6appendix of o.p(crl.)no.3299 of 2013 exhibit p1- true copy of the fir and final report in c.c.1150 of 2009 of jfcm ii court, ernakulam exhibit p2- true copy of order dated 06.12.10 in c.m.p no.3274 of 2009 exhibit p3 true copy of order dated 08.11.2010 in c.m.p. no.3357 of 2010 exhibit p4- true copy of petition dated 20.08.2013 exhibit p5- true.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940 Crl.MC.No. 3378 of 2013 AGAINST CC 1150/2009 of J.M.F.C.-II, ERNAKULAM CRIME NO. 706/2009 of Ernakulam Central Police Station , Ernakulam PETITIONER: MARSHAL D' CUNHA AGED 45 YEARS,S/O.MARTIN, ILLICKAL HOUSE, EDAKOCHI-682010. BY ADV. SRI.MANU ROY RESPONDENT: THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019, ALONG WITH OP(Crl.).3299/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.3378 & OP(Crl)3299/2013 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940 OP(Crl.).No. 3299 of 2013 AGAINST CC 1150/2009 of J.M.F.C.-II, ERNAKULAM PETITIONER: MARSHAL D'CUNHA AGED 45 YEARS, S/O. MARTIN, ILLICKAL HOUSE, EDAKOCHI-682 010. BY ADV. SRI.MANU ROY RESPONDENT: THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SENIOR PUBLIC PROSECUTOR SRI.C S . HRITHWIK THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16.01.2019, ALONG WITH Crl.MC.3378/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.3378 & OP(Crl)3299/2013 3

ORDER

CRL.M.C.No. 3378 OF 2013

Petitioner is the accused in C.C.No.1150 of 2009 on the file of the Judicial Magistrate of First Class-II, Ernakulam. He is alleged to have committed the offences under Sections 279 IPC and 185 of Motor Vehicles Act. The learned Magistrate found that Section 185 of Motor Vehicles Act is not applicable to the facts of the case. So the petitioner is being proceeded against for the offence under Section 279 IPC only. The proceedings are sought to be quashed.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. Annexure A2 is the complaint filed by the SI of Police of Central Police Station, Ernakulam. The allegation is that the Crl.MC.3378 & OP(Crl)3299/2013 4

petitioner drove a vehicle along a public road in a rash and negligent manner. But the manner in which it was driven is not mentioned. A general allegation is not sufficient to attract the offence. So I am inclined to quash the proceedings. In the result, this crl.M.C. is allowed the proceedings in C.C.No.1150 of 2009 on the file of the Judicial Magistrate of First Class-II, Ernakulam are quashed. OP(Crl.)No. 3299 OF 2013 The proceedings against the petitioner in C.C.No.1150 of 2009 has already been quashed by the Order passed today in Crl.M.C.No.3378 of

2013. So this Original Petition need not be proceeded with. Accordingly it is closed. Sd/- K.ABRAHAM MATHEW JUDGE MC/18.1.19 Crl.MC.3378 & OP(Crl)3299/2013 5

APPENDIX OF CRL.M.C.NO.3378 OF 2013 PETITIONER'S/S EXHIBITS: ANNEXURE 1- CERTIFIED COPY OF THE FIR IN CRIME NO. 706 OF 2009 ANNEXURE 2- CERTIFIED COPY OF THE FINAL REPORT DATED 22.03.2009 IN C.C. NO. 1150 OF 2009 RESPONDENT'S/S EXHIBITS: NIL Crl.MC.3378 & OP(Crl)3299/2013 6

APPENDIX OF O.P(CRL.)NO.3299 OF 2013 EXHIBIT P1- TRUE COPY OF THE FIR AND FINAL REPORT IN C.C.1150 OF 2009 OF JFCM II COURT, ERNAKULAM EXHIBIT P2- TRUE COPY OF ORDER DATED 06.12.10 IN C.M.P NO.3274 OF 2009 EXHIBIT P3 TRUE COPY OF ORDER DATED 08.11.2010 IN C.M.P. NO.3357 OF 2010 EXHIBIT P4- TRUE COPY OF PETITION DATED 20.08.2013 EXHIBIT P5- TRUE COPY OF ORDER IN C.M.P.NO.3142/13 DATED 20.08.2013 EXHIBIT P6- TRUE COPY OF THE PROCEEDINGS SHEET IN C.C.NO.1150/09

RESPONDENT'S/S EXHIBITS: NIL MC (TRUE COPY) PA TO JUDGE

Same Court & Year Kerala Orders · 2019 Same Parties Marshal D'Cunha vs The Sub Inspector Same Judge Honourable Mr. Justice K.Abraham Mathew