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2025 Supreme(Online)(Ker) 45794

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ALTHAF NIZAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SAJEEV KUMAR K.GOPAL
For the Respondents: SMT.MAYA.M.N, PUBLIC PROSECUTOR

Table of Content
1. prosecution alleges death due to negligent driving. (Para 1 , 2)
2. petitioner contends inappropriate charges for negligence. (Para 3)
3. negligence under certain ipc sections does not equate to culpable homicide. (Para 5 , 6)
4. court directs trial court on how to frame charges. (Para 7 , 8)

O R D E R

The final report filed by the Inspector of Police, Peramangalam in Crime No.1866/2016 of Peramangalam Police Station, insofar as it relates to the incorporation of the offence under Section 304 I.P.C, is under challenge in this petition filed under Section 482 Cr.P.C by the accused in that case. The aforesaid case is now said to be pending before the Additional Sessions Court-I, Thrissur as S.C No.962/2017.

2. The prosecution case is that the petitioner caused the death of three persons due to the rash and negligent driving of a car through Thrissur-Kunnamkulam State Highway at about 6:15 a.m on 08.10.2016. It is alleged that the vehicle driven by the petitioner rammed into a bus waiting shed where the deceased persons were standing, and caused serious injuries to the deceased persons and others who were there. Accordingly, the investigating agency filed the final report

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