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2024 Supreme(Online)(KER) 55602

HIGH COURT OF KERALA
Kauser Edappagath, J
AKHILMON CHACKO – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: R.SURAJ KUMAR, N.G.SINDHU, SREELAKSHMI J PILLAI, SUNITHA G., SUNIL J.CHAKKALACKAL
For the Respondents: SEETHA S., SR.P.P.

Table of Content
1. accused's actions leading to alleged offences. (Para 1 , 2 , 3)
2. defense arguments against the prosecution. (Para 4 , 5)
3. court observations on evidence sufficiency. (Para 6)

O R D E R

The revision petitioner is the accused in S.T.No.521/2023 on the files of the Judicial First Class Magistrate Court – III, Muvattupuzha (for short, 'the trial court'). The offences alleged against the revision petitioner are under Sections 279 of the Indian Penal Code r/w Section 185 of the Motor Vehicles Act , 1988 (for short, 'the M.V.Act').

2. The prosecution case in short is that, on 07/05/2023, the accused after consuming alcohol, drove the car bearing registration No.KL-67-C-6499 in a rash and negligent manner, endangering human life, through Elanji-Peruva Public Road in the East-West direction at 12:35 p.m., and thereby committed the offence.

3. The revision petitioner filed a petition before the trial court as CMP No.4510/2024 under Section 258 of the Criminal Procedure Code to stop the proceedings and seeking discharge of the accused from the offence under Section 279 of the IPC and Section 185 of the M.V.Act. The trial court after hearing both sides, dismissed the said

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