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2011 Supreme(Ker) 720

S.S.SATHEESACHANDRAN
R. Vijayan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Rajit, Advocate.
For the Respondents:R1, Sri. Sabu Sreedharan, Public Prosecutor, R2 & 3, P. Vijaya Bhanu, Senior Advocate, P.M. Rafiq, V.C. Sarath, Advocates.

JUDGMENT :-

Father of a child, aged four years, which succumbed to the injuries sustained in a road accident involving a vehicle driven by the 2nd respondent, in which the 3rd respondent, his wife, attended to children taken in that vehicle to different schools, has filed this revision, impeaching the propriety, legality and correctness of the order passed by the learned Additional Sessions Judge, (Fast Track-I), Thrissur, by which the case committed to Sessions Court for trial has been remitted to the magistrate, holding that no offence triable by Sessions Court is made out as imputed in the final report filed by the police.

2. The unfortunate incident resulting in the death of the child, it is alleged, occurred when the vehicle was parked for dropping the child near its house. While the child crossed over the road on account of alleged recklessness and, perhaps, culpable criminal negligence on the part of the driver, and also the attendant of the vehicle, his wife, who too traveled in that vehicle, to facilitate the collection and dropping of the children taken to different schools, the vehicle ran over the child, who later, succumbed to the injuries sustained. The crime registere








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