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2007 DIGILAW 1050 (AP)

R. Mani Prasad v. Station House Officer, Traffic Police Station, Kachiguda Hyderabad

2007-10-26

G.V.SEETHAPATHY

body2007
ORDER :- Petition filed under Section 482 Cr.P.C. seeking to quash the proceedings in Petty Case No.19490 of 2007 of Additional Commissioner of Police, Traffic, Hyderabad and Challan No.780774 of Traffic Police Station, Kachiguda registered against the petitioner. 2. Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3. The petitioner is stated to be an advocate practicing at Secunderabad and Hyderabad City Civil Courts. The S.1. of Police, Traffic, Kachiguda issued challan dated 7.3.2007 in Petty Case No.19490 of 2007 against the petitioner alleging that on 11.3.2007 at 16.52 hours, the petitioner while driving his motor cycle bearing No.AP 10 AG 5721 committed the offence of driving without helmet punishable under Section 129/177 of M.V. Act and directed him to pay compounding fee of Rs.100/-. 4. The petitioner categorically denied that he ever drove the motorcycle without helmet at the alleged time. It is surprising to notice from the challan that the offence was alleged to have been committed at 16.52 hours on 11.3.2007, whereas the challan was issued on 7.3 .2007. It is not understandable as to how the Sub-Inspector of Police (Traffic) could have issued challan on 7.3.2007 in respect of an offence of a future date. Such conduct on the part of Sub-Inspector of Police shows utter negligence and callous approach in discharge of duties. The proceedings in pursuance of such a challan issued without any application of mind is nothing but abuse of process of law and hence not sustainable. 5. In the circumstances, further proceedings in petty case No.19490 of 2007 and challan dated 7.3.2007 issued against the petitioner are not sustainable and they are accordingly quashed. 6. In the result, the criminal petition is allowed.