NITU JAIN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The instant Miscellaneous Petition has been preferred by the accused petitioner Smt. Nitu Jain assailing the proceeding of the Criminal Case No. 245/2011 pending in the Court of the learned Additional Chief Judicial Magistrate, Sujangarh against her on the basis of a complaint filed by the S.H.O., P.S. Sujangarh for the offences under Sections 5/180, 39/192, and 66/192A of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act).

(2.) The petitioner operates a travel agency with her husband in the name and style of Jain Travels. Various buses owned by the petitioner are being operated in and outside Rajasthan. One of the petitioner's buses bearing registration No. RJ-19-PA-003 having an All India Tourist Permit was being plied on the route between Jodhpur to Pilani on 25.9.2010. Driver Laxman Singh S/o Devi Singh who was possessed of a valid licence for driving a heavy transport vehicle issued from the office of Licensing Authority, Jodhpur was engaged for driving the said bus. while the bus was returning from Pilani to Jodhpur, it was stopped by the Inspector of Police Mr. Rajesh Bishnoi being the S.H.O., Sujangarh. As per the petitioner's case, the S.H.O. assaulted the driver Laxman Singh and prepared a fraudulent and false checking memo mentioning that the registration certificate was not available in the vehicle and the driver was not possessed of a valid driving licence to drive the vehicle.

(3.) Copy of the checking memo prepared by the S.H.O. on 26.9.2010 was procured by the petitioner under the Right to Information Act and the same has been placed on record of the petition as Annexure-3. The checking memo bears a note that the R.C. and permit were taken possession of by the police.