MUHAMMAD RAFIQ Vs. EMPEROR

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Gaya recommending that the conviction and sentence passed by a Magistrate of First Class of Gaya in a summary trial on one Muhammad Eafiq under Section 16 read with section (wrongly mentioned by the learned Magistrate rule) 4 (c), Motor Vehicles Act and also under Section 5, Motor Vehicles Act, be set aside, the sentences for each count being a fine of Rs. 20, and in default, two weeks simple imprisonment.

(2.) The case started on a report of a Sub-Deputy Magistrate of Gaya. The gist c it was that on 22 August, 1937, he Lad gone to certain villages within Sherghati Police Station and was waiting for a bus near about the mile 154 at a bridge on the Gaya-Sherghati Road. A lorry belonging to Nagmatia Motor Service came in sight, and the Sub-Deputy Magistrate ordered his orderly Chanderdeo Singh to stand on the road and stop the bus when it was at a distance of about two hundred yards. The orderly tried to stop the bus by extending his right hand and crying, roko, roko. The driver did not mind and refused to stop without lowering his speed. He drove so fast that the right hand of the orderly was injured with two cuts.

(3.) The report further stated that he (the Sub-Deputy Magistrate) losing all hope of getting any other bus, proceeded on foot and when he reached a shop near village Khandail he stopped to drink water and then he learnt that the name of the driver was Rafiq. On this report the learned Sub-Divisional Magistrate took cognizance of the case and summoned the accused under Section 16, Motor Vehicles Act, read with Rule 65(2) of the Motor Vehicles Rules for 8 September.