KHODABUX Vs. EMPEROR

JUDGEMENT

(1.) We have heard the learned Counsel for the applicant in this case, and, after a consideration of the points urged in support of the application, we have come to the conclusion that no case-for interference in revision is made out.

(2.) As regards the first point about jurisdiction, it is quite clear that the learned Chief, Presidency Magistrate had jurisdiction to try the ease. As explained by him in his report, there is the further fact that he had given directions for bringing up such cases to his Court, in view of the congestion in the Mazagaon and Girgaon Police Courts, under Rule 3 of the rules made under Section 21, Criminal P.C. Apart from that fact, there can be no doubt that, under Section 20 of the Criminal P. C., he had jurisdiction to try the case.

(3.) As regards the merits, in the absence of any record of the evidence, it is very difficult in revision to determine what the evidence was. Taking the evidence as stated by the learned Magistrate in his judgment, and taking the statement of the accused, it does appear that h(c) drove on the left leaving the line which was formed on the particular day on the Pedder Road. According to his statement he drove on the left ahead of two or three cars which were moving very slowly. The learned Magistrate has stated in his judgment that the traffic was heavy and a line was formed, and the accused drove his car recklessly in a manner which was not only dangerous to the public but to the occupants of his own car. I am willing to take it, as urged by the learned Counsel for the applicant, that we are not concerned, with the consideration whether it was danger-rous to the occupants of his own car. But, under Section 5 of the Indian Motor Vehicles Act (VIII of 1914), the accused was bound not to drive in a manner which would be dangerous to the public. In determining whether the manner of his driving was dangerous to the public or not regard must be had to all the circumstances of the case and the amount of traffic which actually was at the time in the place. This is really a question of fact under the circumstances. We have heard the applicant's counsel on the merits, but we see no reason to think that the finding of the learned Chief Presidency Magistrate is not justified by; the evidence in the case.