SIRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) These three criminal miscellaneous cases filed under Sec. 482 Cr.P.C. are connected because the facts in these cases are almost similar. Therefore, I am disposing these three cases by a common order.

(2.) Petitioners in these cases were conductors of three buses bearing registration Nos.KL-44/4181, KL17/D-3231 and KL-40/B-7372. The common allegation against the petitioners in these cases is that on 30/11/2012 at 4 pm, the petitioners, who were the conductors of the above buses, wrongfully restrained the students from boarding their bus and without taking these students, bus service was conducted and hence they committed the offence under Sec. 190(2) read with Sec. 196 of the Motor Vehicles Act, 1988 (for short, MV Act). The learned Magistrate has taken on file all these cases as ST Nos.6707/2012, 6708/2012 and 6706/2012 respectively. The petitioners challenged these proceedings stating that no offence is made out against the petitioners even if the entire allegations are accepted.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor.