K. Ramakrishnan, J.

This is an application filed by the petitioner who is the 2nd accused in ST No. 6439/2014 on the file of the Judicial First Class Magistrate's Court-II, (Mobile) Kottayam challenging the legality of portion of direction issued by the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code).

2. It is alleged in the petition that the petitioner was arrayed as 2nd accused in ST 6439/2014 on the file of the Judicial First Class Magistrate Court-II (Mobile) Kottayam is the owner of the stage carriage vehicle with registration KL 05 X 8078 having permit to ply on the route Kangazha Hospital-Kottayam. On 13.11.2014, at about 12.50 pm, when the mobile court was conducting sitting at Karukachal, the vehicle was inspected by the Assistant Motor Vehicle Inspector of Motor Vehicles Department Kottayam and it was found that it was driven by the 1st accused and 3rd accused was working as conductor and first and third accused were not having requisite license as required under the Motor Vehicles Act to act as driver and conductor respectively and no first aid material available in the vehicle and so a petty case was registered against accused Nos. 1 to 3 alleging offence under Sections 3 read with Section 181 and Section 190(2) of Motor Vehicles Act against the 1st accused and under Section 5 read with Section 180 and Section 29 and read with Section 177 of Motor Vehicles Act against the second accused and against the 3rd accused for the offence under Section 29 read with Section 177 of Motor Vehicles Act and read with 102 of Central Motor Vehicle Rules 1989 and 151 of Kerala Motor Vehicle Rules 1989. On appearance of the accused before the Magistrate, after complying with the formalities, the particulars offences were read over and explained to them and they pleaded guilty. Court below accepted the plea of guilty as voluntary and convicted them for the offence alleged and sentenced the 1st accused to pay a fine of Rs. 1,500/- under Section 3 read with Section 181 and 192 of Motor Vehicles Act and sentenced the 2nd accused to pay fine of Rs. 1,500/- and 3rd accused to pay a fine of Rs. 300/- and in default to undergo simple imprisonment for 5 days each. Further the Magistrate has directed the Regional Transport Authority, Kottayam to initiate action against the owner of the vehicle under Section 86 of the Motor Vehicles Act and to suspend the sentence for one month and report compliance. The parties were directed to appear before the Regional Transport Authority Officer, Kottayam on 14.11.2014 at 3 pm. The above petition is filed to quash the judgment to that extent mentioned last under Section 482 of the Code.

3. Heard the counsel for the petitioner Shri. K.V. Gopinathan Nair and Smt. Seena Ramakrishnan learned Public Prosecutor appearing for the State.

4. The counsel for the petitioner submitted that the court below had exceeded its jurisdiction of directing the Regional Transport Authority to suspend the permit for one month. At the most, if the court felt that any action need be taken, it would give intimation to the authority along with the judgment passed and on the basis of such intimation it is for Transport Authority to initiate the proceedings and independently pass orders under Section 86 of the Motor Vehicles Act. So the court below had exceeded its jurisdiction and to that extent, the order passed is to be quashed.

5. On the other hand the learned Public Prosecutor submitted that since the vehicle was used in violation of the provisions of the Motor Vehicles Act, court has got power to impose such punishment as well.

6. It is an admitted fact that the petitioner is the owner of the State carriage with No. KL 05 X 8078 and on 13.11.2014, the vehicle was driven by the 1st accused and 3rd accused was the conductor of the bus at the relevant time. It is also an admitted fact that on 13.11.2014, at 12.50 pm, the Mobile court was conducting sitting at Karukachal and the