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RAJA VIJAYARAGHAVAN V.
Khairunnisa, W/o. Of Hussain – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
The petitioner herein is the accused in S.T.No.1244/2023 on the file of the Judicial First Class Magistrate Court I, Tirur. The aforesaid case has arisen from Crime No.391/2023 of Kalpakanchery Police Station registered inter alia under Section 336 of IPC r/w Section 5, 180, 199A(1)(2) of the Motor Vehicles Act, 1988.
2. The prosecution allegation is that on 11.04.2023, the petitioner permitted a minor to ride a scooter bearing Registration No.KL-55-N-9771. The minor is alleged to have ridden the bike in a rash and negligent manner, endangering the life and personal safety of the general public. It is also alleged that as the offense has been committed by a juvenile, the petitioner, in his capacity as the guardian, is liable to be proceeded against under Section 199A of the Motor Vehicles Act, 1988.
3. Sri.P.C.Anilkumar, the learned counsel appearing for the petitioner, submits that the initiation of prosecution proceedings against the petitioner is a clear abuse of process. According to the petitioner, a learned Single Judge of this Court had occasion to consider identical issues in Crl. M.C.No.7479 of 2022 and, after evaluating the entire facts and circumstances, came to the
Guardian of a juvenile can be proceeded against only if a juvenile has committed the offense under Motor Vehicles Act.
A guardian's liability under the Motor Vehicles Act is contingent on the commission of an offense by a juvenile, necessitating proof of both the offense and the juvenile's age.
Prosecution against a vehicle owner for juvenile offences under the Motor Vehicles Act requires prior registration of a crime against the juvenile.
Prosecutions under Section 199A of the MV Act require prior registration of juvenile offenses and associated reports.
Prosecution against guardians for juvenile offences requires timely registration of crime and filing of Social Background Report.
Prosecution of vehicle owner for juvenile offences requires timely filing of reports; failure leads to unsustainable charges.
The offence under section 199A of the MV Act is independent and can be initiated without a charge against the juvenile for petty offences.
In criminal offence, generally, no one can be held responsible for an offence committed by other except in case of criminal conspiracy or abetment.
The judgment establishes the rebuttable nature of statutory presumptions, the concept of vicarious liability, and the necessity of mens rea and actus reus for criminal liability.
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