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2023 Supreme(Online)(KER) 7598

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


Advocates:
NINEEP K.C., MOHAMMED MUSTHAFA, D.ARUN BOSE

O R D E R

This Crl.M.C. is filed to quash the proceedings in CC No. 463/2023 on the file of the Judicial First Class Magistrate Court- I, Perinthalmanna arising from Crime No. 575/2023 of Perinthalmanna Police Station. The above case is registered alleging offences punishable under Sec.336 IPC and under Sec. 199A (1), 199A(2), 5 r/w 180 of the Motor Vehicles Act .

2. The prosecution case is that on 12.04.2023 at 7 pm, the petitioner permitted her minor son aged 17 years to drive the bike bearing registration No. KL-71-J-8929 through Perinthalmanna-Pattambi road, thereby causing danger to the public. The contention of the petitioner is that the final report is not maintainable against the petitioner because in order to charge the offences against the guardian of the minor, the offence must have been committed by a juvenile and only thereupon, the charge under Sec. 199A of the Motor Vehicles Act can be imposed upon the guardian of such juvenile. The petitioner relied on the judgment dated 20.06.2023 in Crl.M.C. No. 4779/2023 in which an order passed in Crl.M.C. 7479/2022 is relied. Hence, this Crl.M.C. is filed.

3. Heard the learned counsel appearing for the petitioner and the learne

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