ORDER

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. Petitioner is the accused in CC No.1195/2023 on the file of the Judicial First Class Magistrate court, Thaliparamba arising from Crime No.727/2023 of Thaliparamba Police Station. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 336 IPC and Section 5 r/w 180, 199A (2) of the Motor Vehicles Act, 1988 . Annexure A1 is the FIR and Annexure A2 is the final report.

3. The prosecution case is that, on 07.05.2023, the petitioner permitted a minor to ride motorcycle bearing Registration No.KL 59 L 9377. It is stated that the minor have ridden the motor cycle in a rash and negligent manner, endangering the life and personal safety of the general public. It is also alleged that, since the offence has been committed by a juvenile, the petitioner in her capacity as the guardian, is liable to be proceeded against under section 199A of the Motor Vehicles Act. It is submitted that, Section 199A of the Motor Vehicles Act requires that an offence must have been committed by a juvenile and only thereupon