L DHARMA SAHU Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the learned Addl. District Magistrate (Judicial), ganjam, recommending the quashing of a conviction under the Motor Vehicles Act (hereinafter referred to as the 'act' ).

(2.) THE three petitioners happen to be the owner, driver and conductor of a stage carriage bearing registration number ORG 2561. During mobile Court checking it transpired that the vehicle did not have a direction indicator. Accordingly they were proceeded against for contravention of Rule 124 of the Orissa Motor Vehicles rules, contravention whereof is punishable under Section 112 of the Act. The driver and the conductor having admitted their guilt were convicted and fined Rs. 20/- each. The proceeding. however, continued against the owner as he was not present at the time of detection and he was proceeded in Court.

(3.) AGAINST the continuance of the proceeding, the owner applied to the learned additional District Magistrate (Judicial) to make a reference to the Court on the ground that the prosecution was groundless. The learned Additional District magistrate on an analysis of Sections 79 and 80 of the Act has come to the conclusion that the petitioner's contention is justified.