Uday Sinha, J.

1. These two applications under section 482 of the Code of Criminal Procedure, 1973 have been heard together as Pashupati Nath Sinha is the petitioner in both the applications as also the substantial point urged on behalf of the petitioner is common to both the applications. The prayer in both the applications is to quash the prosecution of the petitioner pending in the Court of Shri R. C. Choudhary, Special Judicial Magistrate (Transport), bhagalpur.

2. On 10-12-1974, C. B. Pandey, Enforcement Officer submitted a report before the learned Magistrate for prosecution of the petitioner under sections 112 and 123 of the Motor Vehicles Act read with rule 87 (4) of the Motor vehicles Rules. The infractions alleged in the prosecution report (annexure-1)were (i) carrying excess passengers, (ii) want of partition in drivers seat, (iii)the details not noted on body as required by rule 27, (iv) no wind screen wiper in the truck, and (v) speedometer out of order. On receipt of this prosecution report the learned Special Judicial Magi strate took cognizance of offences under sections 112 and 123 of the Motor Vehicles Act and directed issuance of summons to the petitioner