RAGESH K M Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in Crime No.147 of 2010 of Valanchery Police Station for offences punishable under Sections 279 and 304A of the Indian Penal Code. Case is that on 14.04.2010 at about 1.30 p.m. petitioner drove a van in a rash and negligent manner so as to endanger human life, caused that vehicle hit the motor cycle which the brother of defacto complainant was riding, he sustained injuries and succumbed to it. Driving licence of the petitioner was seized by the Police. PETITIONER filed Annexure-1, petition for release of that licence. Learned Judicial First Class Magistrate-I, Tirur passed Annexure-2, order directing the Police to produce the licence in court but, that order was not complied. Hence petitioner filed Annexure-3, petition alleging that driving licence has not so far been produced in court pursuant to Annexure-2, order. PETITIONER requested that respondents may be directed to produce the driving licence in the court. On that petition learned Magistrate has passed Annexure-4, order based on the report of the Police that the driving licence has already been forwarded to the licensing authority for cancellation. In view of that report, learned Magistrate refused to pass any further order directing the Police to produce the driving licence in court. That order is under challenge. Learned counsel has placed reliance on the decision of this Court in Habeeb Shaji v. State of Kerala (2009 KHC 4504) to contend that the Police has no power to forward the licence to the authority concerned for cancellation. Learned Public Prosecutor has invited my attention to Section 19 of the Motor Vehicles Act, 1988 (for short, "the Act") which according to the Public Prosecutor empowered the licensing authority to disqualify a person from holding a driving licence or revoke such licence.

(2.) IN the decision relied on by learned counsel what was primarily considered was the application of Section 206(2) of the Act though there is a reference to Section 19 of the Act as well. I have gone through Section 19 of the Act which empowers the licensing authority to act as stated therein if is satisfied after giving the holder of a driving licence an opportunity of being heard that he among other things is using or has used a motor vehicle in the commission of a cognizable offence or has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public. On going through Section 19 of the Act I am not able to find any provision which says that the licensing authority could exercise that power only as per the direction of the court where the criminal case is pending for trial. IN that view of the matter I do not find reason to interfere with Annexure-4, order. But I direct the Regional Transport Officer, Koduvally to pass appropriate orders in that matter having regard to the facts and circumstances of the case after hearing the petitioner as early as possible, at any rate within a period of one month from the date of receipt of a copy of this order. Petitioner shall serve a copy of this order to that authority. Petition is disposed of as above.