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2026 Supreme(Online)(Ker) 4440

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
PETER THOMAS – Appellant
Versus
MAHESWARI – Respondent


Advocates:
For the Appellants/Petitioners: SMT.MARY BENJEMIN
For the Respondents: SHRI.SUSANTH SHAJI, SHRI.SIDHARTH O., SHRI.ALBIN A. JOSEPH, SMT.NEKHA VARGHESE, SMT.DEVI, SHRI R., GP

JUDGMENT

The original petition is filed with the following prayers:

“(i) To call for the records leading to the case;

(ii) To pass such orders or direction to keep in abeyance the further proceedings in OP (MV)1030/2022 on the files of the Motor Accident Claim Tribunal, Ernakulam, till the completion of the further enquiry and submission of final report in FIR No. 876/2021 of Ambalamedu Police Station pursuant to Exhibit P3 Judgment;

(iii) To pass such other order as are deemed just fair and reasonable in the facts and circumstances of the case.”

2. Earlier, the petitioners had approached this Court by filing OP(MAC) Nos.34/2025 and 51/2025. Crl. M.C No.8808/2022 was also filed to quash the final report in CC No. 466/2022 on the files of the Judicial First Class Magistrate Court, Chottanikkara, arising from FIR 876/2021 of Ambalamedu Police Station registered under Sections 279 and 304A of the Indian Penal Code. OP(MV) Nos.34/2025 and 51/2025 were filed to direct the Motor Accidents Claims Tribunal, Ernakulam to return OP(MV) 1030/2022 filed. The prayer in OP(MAC) 34/2025 was to defer the consideration of the case by the MACT.

3. Through judgment dated 13.08.2025, this Court found that

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