IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 27^TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 CRL.MC NO. 7160 OF 2024 CRIME NO.291/2023 OF VAZHAKKAD POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CC NO.1039 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM PETITIONER:

SHAFI AGED 47 YEARS S/O AHAMMED KADAPPARAMMAL HOUSE CHERUVATTUR, VAZHAKKAD, MALAPPURAM DISTRICT, PIN - 673640 BY ADV C.DINESH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 2 THE SUB INSPECTOR OF POLICE VAZHAKKAD POLICE STATION, MALAPPURFLM DISTRICT, PIN - 673640 BY SR.PP.PUSHPALATHA M.K THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

27.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER This Crl.M.C is filed seeking to quash the further proceedings in C.C.No.1039 of 2023, on the files of the Judicial Magistrate of First Class, Malappuram. The case originated from Crime No.291 of 2023 registered at the Vazhakkad Police Station alleging commission of offences under Section 336 of IPC and Section 199A(1) of the Motor Vehicles Act, 1988.

2. The crime is registered on the allegation that, on

12.04.2023 at about 11:40 PM, petitioner permitted his minor son, aged only 16 years, to ride his scooter bearing Registration No.KL-10-AT-4481 on the Vazhakkad-Oorkadavu public road, thereby endangering human lives.

3. Learned counsel for the petitioner contended that the offence under Section 199A(1) of the Motor Vehicles Act is not attracted, since the minor is not made an accused. 4. While it is true that as per Section 199A of the Motor Vehicles Act, the offence should have been committed by a minor, the fact that the parent had permitted the minor to drive/ride the vehicle may not vitiate the entire proceeding. In any event, the contention ought to be urged before the trial court first.

The Crl.M.C. is accordingly closed, reserving the petitioner’s liberty to raise all contentions, including those raised in this Crl.M.C, before the trial court.

Sd/-

V.G.ARUN JUDGE

SPV

APPENDIX OF CRL.MC 7160/2024 PETITIONERS’ ANNEXURES ANNEXURE A TRUE COPY OF THE FIR DATED 12.04.2023 IN CRIME NO. 291/2023 OF VAZHAKKAD POLICE STATION ANNEXURE B TRUE COPY OF THE FINAL REPORT DATED

12.04.2023 IN CRIME NO. 291/2023 OF VAZHAKKAD POLICE RESPONDENTS ’ ANNEXURES : NIL //TRUE COPY//

PA TO JUDGE