Srinagar- A traffic policeman was fined rupees one thousand (1000) by the Court of Special Mobile Magistrate Srinagar for ‘speciously’ issuing an e-challan against the wrong vehicle.
The directions were passed following a complaint filed by the applicant, seeking dismissal of the challan, claiming that the traffic cop wrongly issued challan against him for riding the two-wheeler without headgear.
The petitioner claimed that he was not present on the spot on the day of occurrence.
In his plea, the applicant argued that the challan should have been sent to someone else; nonetheless, the cop issued a challan against him for riding a two-wheeler without a helmet under section 177 of the Motor Vehicle Act and imposed a fine of rupees 1000.
The petitioner, in his plea, claimed that he was made to incur losses in addition to losing money and time as a result of the mistake committed by the traffic department official.
Following arguments from the petitioner’s counsel, the Special Mobile Srinagar Magistrate Mudasar Farooq directed the traffic police official to appear in person before the court to clarify his stance.
Following the orders, the official appeared before the court, acknowledging that he had inadvertently issued a challan against the wrong vehicle. The court then ordered him to compensate the petitioner with one thousand rupees.
The court observed that the applicant was not present on the spot on the day of the occurrence. Therefore, held the challan defective and dismissed it, with directions to the Senior Superintendent of Traffic Police Srinagar to institute an e-challan against the actual violator.
“Moreover, while noting that it appeared that either the traffic cops manning the system were not fully trained to operate the e- challaning mechanism or they were not taking due care and caution at the time of initiation of e-challan,” reads the court order.
The court also ordered the SSP concerned to educate traffic authorities about the e-challaning so that future challenges won’t compel innocent people to cope with hardships.
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