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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Rashana Nazar – Appellant
Versus
State of Kerala – Respondent
Prosecution of a vehicle owner under Section 199A(2) of the Motor Vehicles Act for permitting a juvenile to drive is unsustainable unless a crime has first been registered against the juvenile under Section 199A(1) of the Act, supported by requisite procedural compliance including a Social Background Report under the Juvenile Justice Rules. (!) (!) (!) (!)
| Table of Content |
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| 1. the prosecution alleges juvenile driving offences. (Para 1 , 2) |
| 2. procedural requirements for juvenile offences were not met. (Para 3 , 5 , 6) |
| 3. court confirms quashing of proceedings due to lack of evidence and compliance. (Para 4 , 7) |
O R D E R
Dated this the 20th day of January, 2026 The petitioner is the accused in S.T.No.2010/2024 on the file of the Judicial First Class Magistrate Court, Kunnamkulam, which has originated from Crime No.1012/2024 registered by the Vadakkekad Police Station, Thrissur, alleging the commission of the offences punishable under Section 125 of Bharatiya Nyaya Sanhita , 2023 and Sections 5, 180, 199A (1) and 199A (2) of the Motor Vehicles Act , 1988, (‘MV Act’, in short).
2. The gravamen of the prosecution allegation is that; on 08.11.2024, the accused had permitted a 17 year old child to drive his scooter bearing registration No.KL-46G- 1995 through the Kunnamkulam-Aalthara road. Thus, the accused had committed the above offences.
3. The petitioner asserts that he has not given his vehicle to any person as alleged by the prosecution. As the commission of offences under Section 199A (1) of the MV Act by juvenile is a mandatory requi
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