ORDER : B. Kemal Pasha, J. 1. Petitioner is the accused in CC No. 13/2014 of the Judicial First Class Magistrate's Court, Androth, which has arisen from Crime No. 6/2006 of Minicoy Police Station. Originally, the crime was registered for the offences punishable under Sections 279 and338 IPC. Later, the rider of the motor bike died while undergoing treatment at the hospital in connection with the accident in question and consequently, the offence under Section 304A IPC is also incorporated. According to the petitioner, he was only a cyclist, who was pedaling a bicycle, which allegedly hit on the motor bike and, therefore, he can only be termed as a pedestrian on the road. The further argument is that as the cycle was not automatically propelled, offences under Sections 279, 338 and 304A IPC will not lie. The allegation against the petitioner is that all of a sudden, he came by pedaling a bicycle from the pocket road to the main road and caused the same to hit on the motor bike that was being ridden by the deceased through the main road. Consequently, he suffered extensive injuries and he died. 2. It cannot be said that in such a case, the offences under Sections 279, 338 and 304AIPC will not lie. If proved, the said offences will lie even against a cyclist. If a pedestrian is causing such an accident, the offence under Section 279 IPC will not lie. At the same time, in such case, the other two offences will lie. Matters being so, this Crl. M.C. is too premature and the same is only to be dismissed and, I do so. In the result, this Crl. M.C. is dismissed.