KAMLASHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under S.482 of the Criminal P.C. 1973 (for short 'the Code') for quashing the order dated 11-6-1987 passed by the Judicial Magistrate First Class, Mandsaur in Criminal Case No. 132 of 1985 and for requiring him to proceed in accordance with S. 130 of the Motor Vehicles Act, 1939 (for short 'the Act').

(2.) Circumstances giving rise to this petition are these. The Police Inspector Traffic Police Mandsaur prosecuted the petitioners in respect of offence under S. 42/123 of the Act before the Chief Judicial Magistrate, Mandsaur who ordered issue of notice under S. 206 of the Code against them.

(3.) In obedience to the notice, the non-applicants put in appearance on 5-5-84 through their Advocate. The case was later transferred to the Court of J.M.F.C. Mandsaur. After several hearing, it was on 11-6-87, when the non-applicants prayed for exemption from personal appearance, by the impugned order, their prayer has been rejected and hence this application.