ORDER

The petitioner herein is the accused in S.T.No.1138/2023 on the file of the Judicial First Class Magistrate Court, Tirur. The aforesaid case has arisen from Crime No.380/2023 of Valanchery Police Station registered interaliaunder Section 336 of IPC , 5 r/w Section 180, 199A(1)(2) of the Motor Vehicles Act, 1988 .

2. The prosecution allegation is that on 05.04.2023, the petitioner permitted a minor to ride a motorcycle bearing Registration No.KL-55-X-8517. 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 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, 1988 .

3. Sri.Istinaf Abdullah, 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 t