OM PRAKASH LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the State.

(2.) This writ application has been filed with a prayer for quashing the entire criminal proceeding against the petitioner in G. Case No.9 of 2013, as also the order dated 21.10.2013 passed therein by the learned Chief Judicial Magistrate, Latehar, taking cognizance against the petitioner for the offences under Sections 179, 181, 182, 192, 194, 196 and 197 of the Motor Vehicles Act, 1988 (herein after referred to as the 'Act').

(3.) The petitioner is the owner of the passenger bus bearing registration number JH-03G / 6161, which was intercepted by ASI of Latehar Police Station and it was found that except the owner book of the vehicle, no other document, such as, road permit, insurance cover, tax token, pollution control certificate, fitness certificate, etc., was produced by the driver of the vehicle. It is also alleged that the bus was overloaded. The driver also managed to flee away with the bus, and accordingly, the written complaint was filed in the Court of the Chief Judicial Magistrate, Latehar, by the ASI of Latehar Police Station, for the offences under Sections 179, 181, 182, 192, 194, 196 and 197 of the Act, which was registered as G. Case No.9 of 2013. On the basis of the written complaint, learned Chief Judicial Magistrate, Latehar, took cognizance of the offences against the petitioner as aforesaid.