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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SANIL MANOHARAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 3) |
| 2. arguments regarding the discharge application. (Para 5) |
| 3. discussion on admissibility of charges under ipc. (Para 6 , 7) |
| 4. court's conclusion regarding the incorrect framing of charges. (Para 8) |
O R D E R
The petitioner is the accused in S.C.No. 866 of 2019 on the files of Additional Sessions Court-V, Ernakulam (for short, 'the trial court'), alleging offence punishable under Section 304 of IPC .
2. The prosecution case in short is that, on 02.09.2018 at about 2.15 p.m., the accused drove the bus bearing registration No.KL-63/B-3593, in a rash and negligent manner knowing that the said act would even result in the death of a person, had hit on the defacto complainant's neighbour, from the back side, who was travelling in a motor cycle, and thereafter he succumbed to the injuries.
3. The petitioner appeared before the trial court. He filed an application under Section 227 of Cr.P.C. for discharge as Crl.M.P.No.2133 of 2021. The trial court dismissed the said application as per the order dated 28.12.2021. This criminal revision petition has been filed challenging the said order.
4. Heard both sides.
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