ORDER

The petitioner is the third accused, who has been implicated in C.C.No.117/2011 on the files of Judicial First Class Magistrate Court, Ramankary, invoking the jurisdiction and power under Section 319 of the Code of Criminal Procedure . The prosecution case is that, the 1st and 2nd accused while working as driver and cleaner of a Tanker lorry bearing No.KL-02/AA-2369, in contravention of the permit issued to the vehicle, on 7.1.2011 at 3.30 P.M, transported dirty and foul materials in the vehicle and unloaded it into AC Canal and thereby defiled the water flowing through the said canal and thereby committed the offences punishable u/ss. 268, 269, 277 r/w. 34 IPC and sec.66 r/w. 192 of M.V.Act.

2. It is the case of the petitioner that, during the course of trial, after the examination of PW1, the learned Magistrate erroneously invoked the jurisdiction under Section 319 of the Code of Criminal Procedure without any evidence, so as to implicate the petitioner as an accused. The petitioner is made as an accused on the soul reason that, he is the owner of the vehicle, by which the accused numbers 1 and 2 transported dirty and foul materials and unloaded the same into AC Canal. 3.