IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 14^TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946 CRL.MC NO. 1291 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN ST NO.174 OF 2023 OF SPL.ADDL.CJM (FOR THE TRAIL OF CRIMINAL CASES AGAINST SITTING AND FORMER MPS/MLAS OF THE STATE) ERNAKULAM PETITIONER:

1 JOSEPH VINAY N.V.

AGED 34 YEARS S/O. VARGHESE, NARIKULAM HOUSE, PUTHUVYPE, OCHANTHURUTH, ERNAKULAM., PIN - 682508

2 DEEPU K.U.

AGED 33 YEARS S/O. UTHAMAN K.R, KIZHAKKEVEETIL HOUSE, NAYARAMBALAM PO, NAYARAMBALAM, ERNAKULAM, PIN -

682509 BY ADVS. MANU TOM BALAMURALI K.P.

SHAJI T.M.

RENIL IQUBAL K.

HARIPRIYA.M AMAL C. PETER RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:

SRI. M.C. ASHI, PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

V.G.ARUN, J = = = = = = = = = = = = = = = = =

Crl.M.C.No.1291 of 2025 = = = = = = = = = = = = = = = = = =

Dated this the 14th day of February 2025

ORDER

Petitioners are the accused in S.T.No.174 of 2023 pending on the files of the Additional Chief Judicial Magistrate Court (MP/MLA), Ernakulam. The case originated from Annexure 1 complaint of the Assistant Motor Vehicles Inspector, alleging that on 11.10.2022 at around 12:34 am, the 2^nd petitioner was found driving the lorry bearing Registration No.KL-42 T-1394 belonging to the 1^st petitioner loaded with clay. On weighing the lorry, its laden weight was found to be 53740 kgs as against the permitted gross vehicle weight of 35000 kgs. Therefore, the petitioners were found to have committed the offence under Section 113(3)(B) of the Motor Vehicles Act and although directed to pay penalty of Rs.37,000/-, they refused to do so.

2. Learned counsel for the petitioners contended that the vehicle was stopped and weighed at midnight in violation of Section 213(5)(b)(ii) of the Motor Vehicles Act, which mandates that for offences punishable with fine only, the search shall not be made after sunset and before sunrise. Likewise, the requirement of recording the grounds for conducting the search without obtaining a warrant, mandated in Section 213(5)(b)(iii) of the Motor Vehicles Act is also not complied with.

3. Learned Public Prosecutor refuted the contentions and submitted that the vehicle was suspected to be carrying excess weight and hence the driver was directed to take the vehicle to the nearest authorised weighing station. Accordingly, the vehicle was weighed and found to be carrying excess load of 18740 kgs. It is submitted that the entire procedure was done in accordance with law and no valid ground is made out to quash the proceedings.

The procedural violations alleged by the petitioners is not sufficient to invoke the inherent power of this Court and quash the proceedings at the premature stage. It is for the petitioners to raise those contentions before the trial court at the appropriate stage. The Crl.M.C is therefore dismissed without prejudice to the petitioners' right to urge all contentions, including those raised in this Crl.M.C before the trial court.

Sd/-

V.G.ARUN, JUDGE sj APPENDIX OF CRL.MC 1291/2025 PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE COMPLAINT ALONG WITH THE DOCUMENTS (6 PAGES) IN THE CASE S.T. NO.174/2023 WHICH IS PENDING BEFORE THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE (MP/MLA), ERNAKULAM