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2023 Supreme(Ker) 493

P. V. KUNHIKRISHNAN
Siraj, S/o. Seethi – Appellant
Versus
State Of Kerala, Represented By Its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. Anil Sivaraman, Sri. Sreedhar Ravindran.
Other Present : Smt. Maya M.N.

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 M

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