YOGENDRA DADHICH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By. filling instant criminal revision petition the petitioner has challenged the judgment dated 17.6.2008 passed by the Addl. Sessions Judge (Fast Track) No. 2 Bundi (for short 'the appellate court') in criminal Appeal No. 3/2008, by which he maintained the judgment of conviction dated 24.4.2008 passed by Addl. Judicial Magistrate, 1st Class No. 3, Bundi in criminal Case No. 293/2007 convicting the accused petitioner under Sections 128/177, 39/192, 147/196, 3/181 and 179/177 of the Motor Vehicles Act and given benefit of probation after admonition under Section 3 of the Probation of Offenders Act and also directed to deposit Rs. 300/- towards expenses of the prosecution.

(2.) Brief facts of the case are that Complainant Amar Singh, ASI along with Nand Singh was busy in maintaining the traffic at Circuit House Chauraha. It was mentioned that at that time, one Motor-cycle came and the same was stopped and the documents were asked. The driver of the vehicle told that he is an advocate and Motor-cycle No. RJ-08-2M-0190. There were three passengers, sitting on the motor-cycle and when he tried to prepare challan than the petitioner told that he is an advocate and he is not having any document of the vehicle and he used to go in the same manner. He tried to get him understand but he became annoyed and told not to prepare chailan and also refused to give his name and address and also refused to sign and in the same heat told that he has seized the vehicle and now he will come to leave the vehicle at the house. He seized the vehicle under Section 207 of the Motor Vehicle Act and now lodged the report. Afterwards the complaint was filed before the Court under Sections 128/177, 39/191, 146/196 and 3/181 of the Motor Vehicle Act.

(3.) After registration of the case the court took cognizance of the case.