SUNIL SCARIA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This is an application filed by the petitioner who is the 2nd accused in ST No.6439/2014 on the file of the Judicial First Class Magistrate's Court-II,(Mobile) Kottayam challenging the legality of portion of direction issued by the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code).

(2.) It is alleged in the petition that the petitioner was arrayed as 2nd accused in ST 6439/2014 on the file of the Judicial First Class Magistrate Court-II (Mobile) Kottayam is the owner of the stage carriage vehicle with registration KL 05 X 8078 having permit to ply on the route Kangazha Hospital-Kottayam.On 13.11.2014, at about 12.50 pm,when the mobile court was conducting sitting at Karukachal, the vehicle was inspected by the Assistant Motor Vehicle Inspector of Motor Vehicles Department Kottayam and it was found that it was driven by the 1st accused and 3rd accused was working as conductor and first and third accused were not having requisite license as required under the Motor Vehicles Act to act as driver and conductor respectively and no first aid material available in the vehicle and so a petty case was registered against accused Nos. 1 to 3 alleging offence under Sections 3 read with Section 181 and Section 190 (2) of Motor Vehicles Act against the 1st accused and under Section 5 read with Section 180 and Section 29 and read with Section 177 of Motor Vehicles Act against the second accused and against the 3rd accused for the offence under Section 29 read with Section 177 of Motor Vehicles Act and read with 102 of Central Motor Vehicle Rules 1989 and 151 of Kerala Motor Vehicle Rules 1989.

(3.) Heard the counsel for the petitioner Shri. K.V. Gopinathan Nair and Smt. Seena Ramakrishnan learned Public Prosecutor appearing for the State.