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2018 Supreme(Ker) 847
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. ABRAHAM MATHEW, J.
Joseph Rony Jose – Appellant
Vs.
State of Kerala – Respondent
Crl. M. C. No. 6444 of 2017
Decided on : 01-08-2018
Advocate Appeared:
For the Appellant : Mansoor B H (Adv.)
For the Respondent: C.S. Hrithwick (Adv.)
Headnote:Motor Vehicle Act - section 177 r/w section 129 - The witnesses shown in the compliant is not the complainant police officer but a private citizen-That allegation may not be true
Facts of the case
Petitioner is the accused in S.T.No.2124 of 2015 on the file of the Judicial Magistrate of First Class-I, Alappuzha. He is alleged to have committed the offence under section 177 Motor Vehicle Act r/w section 129 of the Act. The allegation is that he was found riding a motor cycle without wearing a helmet.
Finding of the courts
Petitioner riding a motor cycle along the public road without wearing a helmet- The witnesses shown in the compliant is not the complainant police officer but a private citizen
Result : Allowed
K.Abraham Mathew, J.
1. Petitioner is the accused in S.T.No.2124 of 2015 on the file of the Judicial Magistrate of First Class-I, Alappuzha. He is alleged to have committed the offence under section 177 Motor Vehicle Act r/w section 129 of the Act. The allegation is that he was found riding a motor cycle without wearing a helmet. The proceedings are sought to be quashed on the ground that the perusal of the complaint itself shows that it is a false case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Annexure-1 is the complaint filed by the Sub Inspector of Police, Mararikulam in the court of Judicial Magistrate of First Class-I, Alappuzha. It is alleged that the person shown as witness number 1 in the complaint saw the petitioner riding a motor cycle along the public road without wearing a helmet. The witnesses shown in the compliant is not the complainant police officer but a private citizen. It itself indicates that the allegation is not true. So I am inclined to grant the prayer of the petitioner.
In the result this Crl.M.C is allowed. The proceedings in S.T.No. 2124 of 2015 on the file of the Judicial Magistrate of First Class-I, Alappuzha are quashed.
