Court quashes proceedings against private bus driver; finds no intent to obstruct or assault judicial officer
The Kerala High Court has held that a private bus brushing against a judicial officer’s official car while overtaking does not amount to a criminal offence and, at most, is a motor accident.
The case arose from a complaint alleging that a private bus hit the official vehicle of a judicial officer while trying to overtake it. The car driver suffered injuries in the incident. After this, criminal proceedings were started against the bus driver.
The accused bus driver then approached the High Court and sought quashing of the criminal case registered against him.
The main issue before the Court was whether the act of overtaking and brushing against the judge’s official vehicle amounted to a criminal offence, such as obstruction or assault, or whether it was only a traffic accident.
The High Court noted that there was no material to show that the bus driver had any deliberate intention to obstruct or harm the judicial officer or the other occupants of the vehicle. It observed that, even if the allegations were accepted as true, they pointed only to negligent driving and not to criminal intent.
The Court stressed that criminal law cannot be invoked in ordinary road accident cases unless there is clear evidence of mens rea or deliberate wrongdoing.
Allowing the plea, the Kerala High Court quashed all criminal proceedings against the bus driver. It held that the incident was “at best a motor accident” and did not attract criminal liability.
The ruling makes it clear that not every road incident involving a public official or a judicial officer can be treated as a criminal offence in the absence of intent.
