ORDER

A two wheeler bearing registration No.TN 33 AC 9115, TVS Max

100, driven by a minor boy caused death of one Periyamma on 21.09.2018. A case was registered in Crime No.679 of 2018 for offences under Sections

279 and 304A against the minor boy Haris. Later, in the course of investigation, having found that the vehicle is owned by the father of the juvenile conflict with law and he has abated his son to commit the crime by allowing him to ride the vehicle without license, along with juvenile, father was arrayed as an accused for alleged offence under Sections 279 and 304A of I.P.C read with 109 of I.P.C. During the course of trial, the learned Judicial Magistrate found that the Motor Vehicles Act has been amended, wherein, there is a specific provision to prosecute the owner of the vehicle who has allowed somebody without license to drive the vehicle and therefore, has altered charge against the petitioner, the father of the minor boy, for the offence under Section 181 read with 199A of the .

2. Learned Counsel for the petitioner states that Section 199A of the Motor Vehicles Act came into force only on 01.09.2019. Penal provision cannot be given retrospective effect since the alle