Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
Siraj, S/o. Seethi – Petitioner
Versus
State Of Kerala, Represented By Its Public Prosecutor – Respondent
Crl.MC No. 4997 Of 2013, Crl.MC No. 5003 Of 2013, Crl.MC No. 5009 Of 2013
Decided On : 04-08-2023
Criminal Procedure Code, 1973 – Section 482 – Motor Vehicles Act, 1988 – Section 196, 146, 190(2) – Kerala Motor Vehicles Rules, 1989 – Quashing of Criminal Proceeding – Using vehicle in unsafe condition – Driving uninsured vehicle – Necessity for insurance against third party risk. Driving uninsured vehicle Necessity for insurance against third party risk - Petitioners, who were conductors of above buses, wrongfully restrained students from boarding their bus. Para 9,10
Finding of the court: Some disturbing trends of employees of private stage carriage buses and public transport employees are to be noted – In almost all bus stands and bus stops, employees of buses do not allow students to board bus and prefer other passengers instead of students – This usually creates a law and order problem at several places – It is duty of police to see that there is no law and order problem in connection with same – State police chief will issue necessary directions to all its subordinates to avert all such law and order problems because of this rift between students and employees of buses.
Result: Crl.M.Cs allowed.
ORDER :
1. These three criminal miscellaneous cases filed under Section 482 Cr.P.C. are connected because the facts in these cases are almost similar. Therefore, I am disposing these three cases by a common order.
2. Petitioners in these cases were conductors of three buses bearing registration Nos.KL-44/4181, KL-17/D-3231 and KL-40/B-7372. The common allegation against the petitioners in these cases is that on 30.11.2012 at 4 pm, the petitioners, who were the conductors of the above buses, wrongfully restrained the students from boarding their bus and without taking these students, bus service was conducted and hence they committed the offence under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (for short, MV Act). The learned Magistrate has taken on file all these cases as ST Nos.6707/2012, 6708/2012 and 6706/2012 respectively. The petitioners challenged these proceedings stating that no offence is made out against the petitioners even if the entire allegations are accepted.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The short point to be decided is whether an offence under Section 190(2) read with Section 196 of MV Act is attracted based on the above allegation. It will be better to extract Section 190 of the Motor Vehicles Act:
(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine of one thousand five hundred rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months or with fine of five thousand rupees, or with both and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property.
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months, or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine of twenty thousand rupees, or with imprisonment for a term which may extend to three years, or with both.
5. It is true that, there are some amendments in the punishments that can be imposed after the M V Act came into force. But there are no changes in the other provisions which make out the offences. Section 190(2) says that any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution shall be punishable. To attract the above offence, the main ingredient is that the person accused should be a person who drives or
Point of law: Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of Section 146 shall be punishable.
The court established that regulations must be framed to enforce safety measures for school transport, highlighting accountability in case of accidents under the Motor Vehicles Act, 1988.
Point of Law : If there is any obstruction to the discharge of duties by Enforcement Officers in the Motor Vehicles Department, while conducting inspection in contract carriages and other transport v....
Point of Law : Rule 89(o) of the Kerala Motor Vehicle Rules casts a duty on the conductor to ensure safety of the passengers and not to interfere with the passengers mounting the vehicle.
Conductor of bus has responsibility of ensuring safe boarding of passengers.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
