STATE OF ARUNACHAL PRADESH Vs. RAMCHANDRA RABIDAS

JUDGEMENT

(1.) The issue which has arisen for consideration in the present Criminal Appeals is whether the Gauhati High Court was justified in issuing directions that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act, 1988 ("M.V. Act"), and in holding that in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code,1860 ("IPC") is without sanction of law, and recourse to the provisions of the IPC would be unsustainable in law?

(2.) The Gauhati High Court, Agartala bench vide the impugned judgment dated 22.12.2008 held that:

(3.) The present Special Leave Petitions have been filed by the States of Tripura and Arunachal Pradesh before this Court, wherein vide Orders dated 12.05.2009 and 31.07.2009, the operation of the impugned judgment was stayed.