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2025 Supreme(Online)(Kar) 36895

THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
DR ARCHANA BHAT K – Appellant
Versus
STATE OF KARNATAKA – Respondent


THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018, PRAYING TO ISSUE APPROPRIATE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO STRICTLY IMPLEMENT RULE 138(7) OF THE CENTRAL MOTOR VEHICLES (SECOND AMENDMENT) RULES, 2022 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present writ petition, inter alia, praying that directions be issued to the respondents to strictly implement Rule 138(7) of the Central Motor Vehicles (Second Amendment) Rules, 2022.

2. The said rule is set out below:

"7) After one year from the date of publication of the Central Motor Vehicles (Second Amendment) Rules, 2022, the driver of a motorcycle shall ensure the following safety measures while carrying a child between the age of nine months and four years, on the vehicle as a pillion, namely: -

(i) For children below four years, Safety harness shall be used for attaching the ch

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