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2011 Supreme(Ker) 327

THOMAS P.JOSEPH
Mehaboob – Appellant
Versus
State, Rep. By The Sub Inspector of Police, City Traffic Police Station – Respondent


Advocates Appeared:
For the Petitioner:S. Nirmal, Advocate.
For the Respondent:K.J. Mohammed Anzar, Advocate.

JUDGMENT


1. Are the offences punishable under Secs.184 and 185 of the Motor Vehicles Act (for short, "the Act") cognizable or non-cognizable in character?. Could the Magistrate take cognizance of the said offences on a charge sheet submitted by the police following an investigation in violation of Sec.155(2) of the Code of Criminal Procedure (for short, "the Code"). What is the procedure to be followed by the Magistrate when a charge sheet is filed following investigation in violation of Sec.155(2) of the Code?. These questions arise for a decision in this proceeding filed by the petitioner who is the accused in S.T.No.2288 of 2010 of the Court of learned Judicial First Class Magistrate, Kunnamangalam. The Sub Inspector, City Traffic Police, Kozhikode filed charge sheet against petitioner for offences punishable under Secs.184 and 185 of the Act, in Crime No.2720 of 2010. Learned Magistrate took cognizance of the said offences and issued process to the petitioner. Petitioner filed C.M.P.No.5687 of 2010 to stop the proceeding under Sec.258 of the Code contending that investigation conducted by the police in violation of Sec.155(2) of the Code and the cognizance taken are illegal. Lea

























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