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2. In Annexure-B report, it was stated that, it was only a road traffic accident and the same had not occurred on account of the callousness or carelessness of the driver, who was driving the car bearing registration No.KBV.5717 and, therefore, the investigating officer had decided to refer the matter. The investigating officer had sought for permission from the Deputy Police Superintendent, Attingal for referring the matter, by submitting the factual report before him.

3. On getting the Annexure-B report, the learned Magistrate passed the following order on 09.02.2009:-

6. It seems that a private complaint was also filed by the wife of the deceased before the court below as CMP No.512/2012. The court below ought to have proceeded with either the final report filed by the police under Section 173(2) Cr.P.C. or CMP No.512/2012. Presently, the case is pending as CC No.102/2009 before the Judicial First Class Magistrate's Court-II, Attingal. The case as such has born from illegality and, therefore, all further proceedings in the present case are illegal. All further proceedings in CC No.102/2009 before the Judicial First Class Magistrate's Court-II, Attingal, are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.102/2009 before the Judicial First Class Magistrate's Court-II, Attingal, which has arisen from Crime No.556/2004 of Kazhakoottom Police Station, are quashed. It is made clear that it is open to the victim to have recourse to appropriate proceedings in accordance with law.

Sd/-

(B.KEMAL PASHA, JUDGE) aks/19/02 // True Copy // PA to Judge