State of Kerala , Police vs Vasantha Balaji

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS – I, MANANTHAVADY.

Present : Sri.

Manikandan C.K., B.Com., L.L.B Judicial Magistrate of first Class – I, Mananthavady. .

Friday, this the 1 st day of March, 2024 11th day of Phalguna, 1945. (S.E) STC No.

1133 / 2023 Complainant : State Represented by SI of Police, Thalappuzha Police Station in Crime No.416/23 (Rep. by Smt.

Sukanya.

P APP, Gr.11) Accused : Vasanthabalaji (33/23) years S/o.

Krishnan Plavalayammal Illam, Mathakadayur road, Muthur, Kangiyam Taluk. (Rep.

By.

Adv.

K.M Manojkumar) Offence : u/s 279 of IPC and 185, 190(2) of MV Act.

Plea : 'Guilty' Finding : 'Guilty' Sentence or order : Accused is sentenced to pay fine of 10000 u/s 185, ₹10000 u/s 185, 1000 u/s 190(2) of the MV Act and 700 under section ₹10000 u/s 185, ₹10000 u/s 185, 279 of the IPC.

In default of payment of fine, he shall suffer simple imprisonment for ten days.

J U D G M E N T This is a case instituted on a report by the Sub Inspector of Police, Thalappuzha Cr.

No.416/23, alleging the offences punishable u/s 279 of the Indian Penal Code and 185, 190(2) of Motor Vehicles Act.

2.

Prosecution in brief is as follows: On 06/07/2023 at 19.00 hours, at a place called Boys town in Periya amsom, on the public road, a vehicle bearing the registration No.

TN 42T 1234 driven by the accused was found to be rash and negligent manner without pollution certificate.

Thus, the accused alleged to have committed the offence under section 279 of the Indian Penal Code and section 185, 190(2) of the Motor Vehicles Act.

3.

The Court took cognizance and summons was issued.

Accused absent.

Matter advanced.

Defence counsel filed application to permit accused to plead guilty through counsel.

The copies of relevant prosecution records were furnished to the defence counsel in compliance of section 207 of the Code of Criminal Procedure.

4.

Heard.

5.

On going through the case records, summons was issued to accused.

Copies of relevant records were given to him. en to him.

The allegation against the accused is that he drove a vehicle and he was found to be rash and negligent manner under the influence of alcohol and without pollution certificate.

Particulars of offence under section 279 of the Indian Penal Code and section 185, 190(2) of the Motor Vehicle Act read over and explained to the accused.

He pleaded guilty and same is accepted.

Hence, accused is found guilty of the offence punishable under section 279 of the IPC and section 185, 190(2) of the MV Act.

NBW pending against accused.

Accused is sentenced to pay fine of 10000 u/s 185, 1000 u/s 190(2) of ₹10000 u/s 185, ₹10000 u/s 185, the MV Act and 700 under section 279 of the IPC.

In default of payment of fine, he ₹10000 u/s 185, shall suffer simple imprisonment for ten days. (Pronounced by me in open court on this the 1st day of March, 2024) Sd/- Judicial First Class Magistrate – I, Mananthavady // True Copy // Judicial First Class Magistrate – I, Mananthavady