Crl.M.C.No.3254/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
CRL.MC NO. 3254 OF 2022
CRIME NO.622/2022 OF Kalpakanchery Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT IN ST 245/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONER/ACCUSED:
KUNHIMUHAMMED,
AGED 61 YEARS,
S/O.HYDRU HAJI,
THAYYILKOTHAKATH HOUSE
PUTHANATHANI, KALPAKANCHERY-
TIRUR TALUK, MALAPPURAM DISTRICT., PIN - 676 551.
BY ADVS.
JAMSHEED HAFIZ
K.K.NESNA
RESPONDENT/STATE:
THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.. ERNAKULAM , PIN - 682 031.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3254/2022 2
ORDER
The petitioner, who is the accused in S.T.No.245 of 2022 before the Judicial First Class Magistrate Court-I, Tirur has filed this Crl.M.C., challenging Annexure-I, judgment passed in the said case. The aforesaid case was registered for the offences punishable under Section194-D of the Motor Vehicles Act. The allegation against the petitioner is that, on 04.03.2022 at 11.35 am the petitioner was found riding a scooter bearing registration No.KL-55-AC-3368 through Puthanathani-Vallathur Public Road without wearing a helmet. Upon receipt of summons the petitioner appeared and pleaded guilty. Consequently, Annexure-I judgment was passed. As per Annexure-A1 the petitioner was imposed with a fine of Rs.1,000/- (Rupees one thousand only) and further directed that his driving license shall stand suspended for a period of three months from the date of judgment, under Section 194-D of the Motor Vehicles Act. The petitioner challenges the aforesaid order in this Crl.M.C.
2. Heard Sri.Jamsheed Hafiz, learned counsel for the petitioner and Sri.Vipin Narayan, learned Public Prosecutor for the Crl.M.C.No.3254/2022 3 State.
3. Even though the learned counsel for the petitioner challenges the authority of the learned Magistrate to impose the fine, I do not find any merit in the said contention. This is particularly because, statutory provision specifically contemplates for disqualification for driving a vehicle for a period of three months. Therefore, I do not find any merit in the challenge raised by the petitioner against the order disqualifying the petitioner from driving vehicle. However, I am of the view that taking into account the nature of allegation that has been raised against the petitioner, some indulgence can be shown. Thus even while sustaining the order of conviction, I am inclined to modify the sentence imposed with respect to the disqualification from driving the vehicle by reducing the period thereof to one month from the date of Annnexure-I judgment instead of three months as directed by the learned Magistrate.
Crl.M.C. is disposed of with the above finding and directions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/27.5.22 Crl.M.C.No.3254/2022 4 APPENDIX OF CRL.MC 3254/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE ORDER DATED 26.04.2022 IN S.T. 245/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -1 TIRUR Annexure2 TTRUE COPY OF COMPLAINT FILED BY THE PETITIONER DATED 05.03.2022 TO THE SUPERINTENDENT OF POLICE.
Annexure3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA DATED 04.08.2021