Kunhimuhammed vs The State Of Kerala
2022 Latest Caselaw 5582 Ker

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

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

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