STATE Vs. K NEELAKANTA PANICKER

JUDGEMENT

(1.) This appeal is by the State and is directed against the acquittal of the accused in C.C. No. 3281 of 1954 on the file of the 2nd Class Magistrate of Kanayannur. The accused was charged for offences under S.279 and 338, Indian Penal Code, and under S.3(1)(iv) of Motor Vehicles Act, IV of 1939 and R.319(1) framed under the same read with S.112 of that Act. It was alleged that the accused drove a heavy transport vehicle without holding a license for the same on 18.11.1954 at about 10 P.M. in a rash and negligent manner and caused hurt to one George. The learned Magistrate found that offences under S.279 and 338 I.P.C. had not been made out by the prosecution. As regards the offence under the Motor Vehicles Act in driving a transport vehicle without a proper license for the same, while finding that the accused had not a license as required held that as the accused is a public servant employed in the Transport Department of the State the prosecution launched without the necessary sanction under S.197(1) of the Code of Criminal Procedure was vitiated. Hence the accused was acquitted. On behalf of the State it is contended that the lower court went wrong in holding that S.197 of the Code of Criminal Procedure was applicable to the case as the accused who was only a mechanic in the Transport Department was found driving a public service vehicle on the public road without the requisite license and as the same did not form part of his official duties. The appeal is only with regard to this. So the only question that arises for consideration here is as to whether sanction under S.197 of the Criminal Procedure Code was necessary in the present case. What is stated in S.197(1) is that:

(2.) In the result, the appeal is dismissed.