AKRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The question to be adjudicated is "whether the Magistrate trying the cases of petty nature should grant exemption to the accused who has been represented by an advocate or counsel, and wants to get his case tried in accordance with provisions of law.

(2.) The prosecution case seems to be that petitioners were found carrying some school boys - seven in number - in the bus when they were apprehended by the police who registered a crime against them for infringing the provisions of Section 66 of the Motor Vehicles Act, 1988 (hereinafter referred to as Act for convenience). Shri Trivedi submitted that the petitioners want to contest the case only because they want to oblige those school going boys for enabling them to reach the school in time. Shri Trivedi further submitted that the petitioners want to challenge the improper and arbitrary attitude of the police officials in such case who do not bother much for humanitarian spirit. Shri Trivedi submitted that the offence is punishable with fine only which would extend to sum of Rs. 5000/- with minimum fine of Rupees 2000/-. He pointed out that the Court has been granted the discretion to punish the offenders with less amount of fine in deserving cases by passing speaking orders and providing reasons therefor.

(3.) Shri Trivedi submitted that it being a petty offence, an application was moved by the petitioners for getting exemption, however, learned Magistrate rejected the prayer by coming to the conclusion that the provisions of S. 205, Criminal Procedure Code, 1973 (hereinafter referred to as Code for convenience), are applicable to only PARDANASHIN women. Learned Magistrate also appears to be harbouring the impressing that such concession cannot be granted to the male beings if they happen to be the accused before the Magistrate. Shri Trivedi further submitted that learned Magistrate did not interpret the provisions of law properly and, therefore, landed in error by rejecting the prayer of the petitioners and, therefore, the order which is being assailed by this petition, be set aside.