IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 3^RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946 CRL.MC NO. 7605 OF 2024 CRIME NO.328/2023 OF CHANDERA POLICE STATION, KASARGOD IN CC NO.305 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG PETITIONER/ACCUSED:

KUNHAMINA P.C AGED 51 YEARS W/O HASSAINAR N.B., NAFEESA MANZIL, KOTTAYMTHAR, PADANNA VILLAGE, KASARGODE DISTRICT., PIN - 671312 BY ADVS.

JASNEED JAMAL P.SAMSUDIN LIRA A.B.

DEVIKA E.D.

RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV.NOUSHAD K. A.

PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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Crl.M.C.No.7605 of 2024 --------------------------------------

Dated this the 3^rd day of October, 2024

ORDER

Petitioner is the accused in C.C.No.305/2024 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, arising out of Crime No.328/2023 of Chandera Police Station, Kasargod. The offences alleged against the petitioner include those under Section 336 of Indian Penal Code, 1860, apart from Section 199A(2) of the Motor Vehicle Act, 1988 (for short, ‘the MV Act’).

2. The prosecution alleges that, on 05.04.2023, petitioner had permitted a minor child to drive a scooter bearing registration No.KL-13-AW-3048 in a rash and negligent manner, endangering the life and personal safety of the general public, thereby committing the offences alleged.

3. I have heard Sri. Jasneed Jamal, the learned counsel for the petitioner and Sri. Noushad.K.A, the learned Public Prosecutor.

4. In the decision in Sharafudheen vs. State of Kerala [2024 KHC online 522], this Court had observed that in order to initiate criminal proceedings against the guardian or owner of the vehicle for the alleged driving of a vehicle by a minor, it is necessary to make a General Diary entry of the minor driving the vehicle followed by a Social Background Report and a final report. Those steps would satisfy the ingredients of Section 199A of the MV Act relating to commission of offence by a minor.

5. In the instant case, the learned Public Prosecutor, upon instructions submitted that no separate General Diary entry was made in respect of the minor driving the vehicle and nor has any Social Background Report been submitted before the Juvenile Justice Board.

6. It is evident from the aforesaid submissions that the ingredients required to satisfy Section 199A of the MV Act relating to the commission of an offence by a minor under the MV Act are not satisfied. Hence, the prosecution against the petitioner in the above referred crime is an abuse of the process of court.

7. Accordingly, all proceedings against the petitioner in C.C.No.305/2024 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, are hereby quashed.

This criminal miscellaneous case is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/03.10.24.

APPENDIX OF CRL.MC 7605/2024 PETITIONER’S ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

328/2023 OF CHANDERA POLICE STATION DATED

05-04-2023.

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 305/2024 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG IN CRIME NO. 328/2023 OF CHANDERA POLICE STATION DATED 06-04-2023.