KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a miscellaneous petition and though it raises a simple question of law which emerged from the reading of S.130 of the Motor Vehicles Act 1939 (for short the Act), but for the guidance of the court it is necessary to refer to the provisions of law as to how the case of the present nature should be dealt with.

(2.) A complaint was filed by incharge traffic police Jaipur City in the court of learned Magistrate that on May 17, 1985 at about 7.25 a.m., the petitioner brought his vehicle during the prohibited hours on the prohibited road. The learned Magistrate on the aforesaid complaint issued a summons to the accused to put his appearance and on Dec.12, 1986 the accused had not put in appearance and the advocate filed an application under S.130 of the Act and pleaded guilty of the offence but the learned Magistrate observing that earlier also a similar application had been dismissed, dismissed the application and ordered that as already ordered, the accused petitioner should be summoned. The case was adjourned to Jan.17, 1987, for the presence of the accused-petitioner.

(3.) An offence under S.74/124 of the Act is one which can be and should be dealt with under S.130 of the Act. Under S.74 of the Act, the State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge may by notification in the official gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicle or of any specified class of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under Sec.75 at suitable places. The contravention of S.74 of the Act is punishable under S.124 of the Act and whosoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of S.72 or of the conditions prescribed under that Section, or in contravention of any prohibition or restriction imposed under S.72 or S.74 shall be punishable for a first offence with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extend to one thousand rupees.