KHAIRUNNISA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in S.T. No. 1244/2023 on the file of the Judicial First Class Magistrate Court I, Tirur. The aforesaid case has arisen from Crime No. 391/2023 of Kalpakanchery Police Station registered inter alia under Sec. 336 of IPC r/w Sec. 5, 180, 199A(1)(2) of the Motor Vehicles Act, 1988.

(2.) The prosecution allegation is that on 11/4/2023, the petitioner permitted a minor to ride a scooter bearing Registration No. KL-55-N-9771. The minor is alleged to have ridden the bike in a rash and negligent manner, endangering the life and personal safety of the general public. It is also alleged that as the offense has been committed by a juvenile, the petitioner, in his capacity as the guardian, is liable to be proceeded against under Sec. 199A of the Motor Vehicles Act, 1988.

(3.) Sri. P.C. Anilkumar, the learned counsel appearing for the petitioner, submits that the initiation of prosecution proceedings against the petitioner is a clear abuse of process. According to the petitioner, a learned Single Judge of this Court had occasion to consider identical issues in Crl. M.C. No. 7479 of 2022 and, after evaluating the entire facts and circumstances, came to the conclusion that none of the offenses would be made out.