MEHABOOB Vs. STATE

JUDGEMENT

(1.) Are the offences punishable under S.184 and S.185 of the Motor Vehicles Act (for short, 'the Act') cognizable or non - cognizable in character Could the Magistrate take cognizance of the said offences on a charge - sheet submitted by the police following an investigation in violation of S.155(2) of the Code of Criminal Procedure (for short, 'the Code'). What is the procedure to be followed by the Magistrate when a charge - sheet is filed following investigation in violation of S.155(2) of the Code These questions arise for a decision in this proceeding filed by the petitioner who is the accused in ST No. 2288 of 2010 of the Court of learned Judicial First Class Magistrate, Kunnamangalam. The Sub Inspector, City Traffic Police, Kozhikode filed charge - sheet against petitioner for offences punishable under S.184 and S.185 of the Act, in Crime No. 2720 of 2010. Learned Magistrate took cognizance of the said offences and issued process to the petitioner. Petitioner filed CMP No. 5687 of 2010 to stop the proceeding under S.258 of the Code contending that investigation conducted by the police in violation of S.155(2) of the Code and the cognizance taken are illegal. Learned Magistrate took the view that offences under S.184 and S.185 of the Act being cognizable in character, permission of the Court is not required for investigation and dismissed the petition. That order is under challenge.

(2.) A little more facts are necessary for a decisions raised:

(3.) So far as S.184 of the Act is concerned the maximum punishment that could be awarded in any circumstance stated therein is imprisonment up to two years or with fine which may extent to ' 2,000/- or with both. So far as S.185 of the Act is concerned, the maximum punishment in any circumstance referred to therein is imprisonment up to two years or with fine which may extend to ' 3000/- or with both.