BALMIKI SAHU Vs. STATE

JUDGEMENT

(1.) THIS is a Reference made by the Additional District Magistrate (judicial ). Ganjam, recommending to quash the proceedings in certain criminal cases (U. C. Cases Nos. 90, 122, 123 and 173 of 1956) pending in the court of the Sub divisional Magistrate Chatrapur, against the petitioner Balmiki Sahu, owner of a public service Motor Vehicle.

(2.) THE motor taxi O. R. G. 1553 of which the petitioner is the owner, was found carrying on four different dates, passengers in excess of the seating capacity of the vehicle as specified in the permit. The petitioner and the driver of the vehicle were both prosecuted under Sections 112 and 123 of the Motor Vehicles Act (hereinafter referred to ns 'the Act') and 4 separate cases were started against them. The Sub Divisional Magistrate. Chatrapur, took cognisance of the offence under Sections 112 and 123 of the Act and summoned both the accused persons. In some of the aforesaid cases, the accused driver appeared and admitted his guilt and was convicted. But in all the cases the owner Balmiki Sahu (petitioner) did not appear in court in response to the summonses issued against him and took the stand that the magistrate should have complied with the provisions of Section 130 (1) of the Act by giving an option to the accused to appear by pleader and not in person or to plead guilty to the charge by a register ed letter by a specified date and to remit to the Court a sum not exceeding Rs. 25/- as the Court might have specified. The petitioner sent a registered letter to that effect to the Magistrate insisting that he should comply with the provisions of Section 130 (1) of the Act The Magistrate having failed to do so, the petitioner moved the A. D. M. (Judicial) Ganjam who has made the present reference to this court to quash the proceedings pending against the petitioner.

(3.) THE grounds on which the proceedings before the Magistrate were sought to be quashed are: