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2023 Supreme(Online)(KER) 29891

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
MUHAMMED BASHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
AAKHIL MOHAMMED.P.M, ELIZABETH K.J.

O R D E R

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. The petitioner is the accused in S.T.

No.944/2023 on the files of Judicial Magistrate of First Class Court, Tirur, arising from Crime No.237/2023 of Kadampuzha Police Station. The above case is charge sheeted against the petitioner alleging offences punishable under Section 336 of IPC r/w Section 5, 180, 199A(1), 199A(2) of the Motor Vehicle Act, 1988 .

3. The prosecution case is that on

23.03.2023, the petitioner permitted a minor boy who is not having any valid driving license to ride Scooter No. KL-53-R-1256 and thereby committed an act which infringes on the security of public life and public safety. Annexure-A1 is the FIR. Annexure-A2 is the final report.

4. It is submitted that the charge against the petitioner is not legally maintainable. The learned counsel for the petitioner submitted that in an identical situation this Court quashed the proceedings as per Annexure-A3 judgment. Hence, this Crl. M.C is filed to quash all the proceedings pending against the petitioner.

5. Heard the learned counsel appearing for the petitioner and t

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