MOHAMMEDABDULKHADER RAFEEK Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are accused in C. C No 1620/79 on the file of the judicial Magistrate of Second Class, Attingal. THE first petitioner is the owner and the second petitioner is the driver of a bus K R T. 2349 plying on the Vamanapuram-Chirayinkil route On September 24, 1979 at about 11 am. , the Assistant Motor Vehicles Inspector checked the bus while it was plying on the route and found that there was no valid fitness certificate as it had been suspened on 23rd September 1979 On these allegations, the petitioners were prosecuted before the above mentioned Magistrate for an offence punishable under S. 38 read with S. 22 and 127 of the Motor Vehicles Act, hereinafter called the Act. When the petitioners appeared before the Magistrate, they pleaded guilty and the Magistrate accepting their plea, convicted and sentenced each of them to pay a fine of Rs 300 and in default to suffer simple imprisonment for one month. THE permit of the vehicle was also suspended for a period of one month. on appeal before the Chief Judicial Magistrate, their convictions and sentences were confirmed THE Court of Session, in revision, upheld the appellate order.

(2.) THE accused have now come up before this Court seeking to quash the convictions and sentences passed against them by invoking the powers of this Court under S. 482 of the Code of Criminal Procedure on the ground that it was on a misconception of fact and law that the courts below happened to convict the accused; that the facts stated to the accused to which they pleaded guilty do not constitute any offence under the Motor Vehicles Act and that therefore the convictions and sentences passed in the case were without jurisdiction.

(3.) IT is clear, therefore, that the allegations and averments made against the petitioners do not constitute an offence punishable under S. 38 read with Ss 22 and 127 of the Act. The convictions of the petitioners were clearly illegal and also can be said to be without jurisdiction. The result is that this petition is allowed; the convictions and sentences passed against the petitioners are hereby quashed and they are acquitted. The fine, if any, paid will be refunded to the petitioners. . .