Order : ARVIND KUMAR VERMA, J. 1. With the consent of learned counsel for the respective parties, the matter is heard finally. 2. By way of the instant petition, the petitioner is seeking the following reliefs:- 10.1 It is therefore prayed that, This Hon’ble Court may kindly pleased to issue a writ/order/directions to quash/set-aside the order dated 25.07.2025 (ANNEXURE P/1) passed by the respondent no.2, arising out of the order dated 07.04.2025 (ANNEXURE P/2) passed by the respondent no.3, & revoke the suspension of the Driving license No. CG09/2003/0000506, in the interest of justice. 10.2 Any other relief/reliefs, which this Hon’ble Court may think fit and proper in the facts and circumstances of the case, may also please be granted to the petitioner. 3. Petitioner by way of the instant Writ Petition is challenging the order dated 25.07.2025 (ANNEXURE P/1) passed by the respondent no.2 in Appeal No. 07/2025 arising out of the order dated 07.04.2025 (ANNEXURE P/2) passed by the respondent no.3, in which the driving license of the petitioner has been suspended for a period of 6 months from 07.04.2025 to 06.10.2025 due to a FIR No. 178/2024 registered against the petitioner u/s 279, 337, 304A, 338 of IPC at PS Pipariya. 4. The brief facts of the case as projected by the petitioner are that, on 12.05.2024, an FIR No. 178/2024 was lodged against the petitioner on 12.05.2024 u/s 279, 337, 304A, 338 of IPC at PS Pipariya, District Kabirdham, CG. The case of the prosecution is that on 11.05.2024, around 10.45pm, the petitioner was driving Tata Nexon Car No. CG 04 MM 3142 & due to his rash & negligent driving, he hit the motorcycle CG 09 JP3679 due to which Punaram Kashyap died on spot & Birendra Kashyap suffered severe injuries & was admitted to hospital & hence an FIR was registered against the petitioner u/s 279, 337, 304A, 338 of IPC. 5. Thereafter, the respondent no.3 vide its order dated 07.04.2025, in exercise of its powers & provisions u/s 19 of the Motor Vehicle Act 1988 & Rule 21 of the Central Motor Vehicle Rules 1989 has suspended the driving license of the petitioner CG09/2003/0000506 for a period of 6 months from 07.04.2025 to 06.10.2025. 5. Thereafter, the respondent no.3 vide its order dated 07.04.2025, in exercise of its powers & provisions u/s 19 of the Motor Vehicle Act 1988 & Rule 21 of the Central Motor Vehicle Rules 1989 has suspended the driving license of the petitioner CG09/2003/0000506 for a period of 6 months from 07.04.2025 to 06.10.2025. Against the order dated 07.04.2025, an appeal has been preferred by the petitioner u/s 19(3) of the Central Motor Vehicle Rules, 1989 & the respondent no.2 vide its order dated 25.07.2025, dismissed the appeal No. 07/2025 preferred by the petitioner, & affirmed the order passed by the respondent no.3. Hence, this petition. 6. Learned counsel for the petitioner would contend that there is no eye witness to the aforesaid incident and the criminal case is pending and the same is fixed for prosecution evidence, meaning thereby till date the petitioner has not been convicted, therefore, the action of the respondent authorities in suspending the driving license of the petitioner is not just and proper. He would lastly contend that the suspension of the driving license of the petitioner de hors the rules is not maintainable, therefore, the same deserves to be set aside. 7. Per contra, learned State counsel contended that in violation of the statutory provisions of the Motor Vehicle Act, 1988 & Central Motor Vehicle Rules, 1989 by the petitioner they have suspended the driving license of the petitioner and it has been upheld by Respondent No.2. 8. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 9. Rule 21 of the Central Motor Vehicle Rules, 1989 reads as under:- 21. Powers of licensing authority to disqualify.-- For the purpose of clause (f) of sub-section (1) of section 19, the commission of the following acts by a holder of a driving licence shall constitute nuisance or danger to the public, namely:-- (1) Theft of motor vehicle. (2) Assault on passengers. (3) Theft of personal effects of passengers. (4) Theft of goods carried in goods carriages. (5) Transport of goods prohibited under any law. [(6) Driver while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration.] (7) Abduction of passengers. (8) Carrying overload in goods carriages. (9) Driving at speed exceeding the specified limit. (3) Theft of personal effects of passengers. (4) Theft of goods carried in goods carriages. (5) Transport of goods prohibited under any law. [(6) Driver while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration.] (7) Abduction of passengers. (8) Carrying overload in goods carriages. (9) Driving at speed exceeding the specified limit. (10) Carrying persons in goods carriage, either inside the driver's cabin in excess of its capacity or on the vehicle, whether for hire or not. (11) Failing to comply with the provisions of section 134. (12) Failure to stop when signalled to do so by any person authorised to do so. (13) Misbehaviour with and showing discourtesy to passengers, intending passengers or consignors and consignees of goods. (14) Smoking while driving public service vehicles. (15) Abandoning vehicle in a public place causing inconvenience to other road users or to passengers in the vehicle. (16) Driving vehicle while under the influence of drink or drugs. (17) Interfering with any person mounting or preparing to mount upon any other vehicle. (18) Allowing any person to sit or placing things in such a way as to impede the driver from having a clear vision of the road or proper control of the vehicle. (19) Not stopping a stage carriage at approved stopping places for a sufficient period of time in a safe and convenient position upon demand or signal of the conductor or any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon demand or signal of any person desiring to becoming a passenger. (20) Loitering or unduly delaying any journey and not proceeding to the destination as near as may be in accordance with the time table pertaining to the vehicle, or, where there is no such time table, with all reasonable despatch. (21) Not driving a contract carriage, in the absence of a reasonable cause, to the destination named by the hirer by the shortest route. (22) The driver of a motor cab not accepting the first offer of hire which may be made to him irrespective of the length of the journey for which such offer is made. (23) The driver of a motor cab demanding or extracting any fare in excess to that to which he is legally entitled or refusing to ply motor cab. (23) The driver of a motor cab demanding or extracting any fare in excess to that to which he is legally entitled or refusing to ply motor cab. [(24) Abandoning a transport vehicle as a mark of protest or agitation of any kind or strike in a public place or in any other place in a manner causing obstructions and inconvenience to the public or passengers or other users of such places.] [(25) Using mobile phone while driving a vehicle.] 10. Section 19 of the Motor Vehicle Act, 1988 reads as under:- “19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence. (1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he- (a) is a habitual criminal or habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or (h) being a person under the age of eighteen years who has been granted a learners licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, makean order- (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. (2) Where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,- (a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and theorder, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder. (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.” 11. Section 134 of the Motor Vehicle Act, 1988 provides as under:- 134. Duty of driver in case of accident and injury to a person. Section 134 of the Motor Vehicle Act, 1988 provides as under:- 134. Duty of driver in case of accident and injury to a person. - When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall- (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, [by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence; [(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely: (i)insurance policy number and period of its validity; (ii)date, time and place of accident;(iii)particulars of the persons injured or killed in the accident;(iv)name of the driver and the particulars of his driving licence. Explanation. For the purposes of this section, the expression driver includes the owner of the vehicle.] 12. Perusal of the documents available on record reveals that while driving the Tata Nexon Car bearing registration No.CG 04 MM 3142 fatal accident occurred and the FIR was registered against the petitioner bearing Crime No.178/2024 at Police Station Pipariya, District Kabirdham, C.G. The said criminal case is pending before the competent Court and the petitioner is not convicted for any cognizable offence. 13. In support of his contention learned counsel for the petitioner placed reliance upon the order passed by the High Court of Madras in G. Mani Vs. 13. In support of his contention learned counsel for the petitioner placed reliance upon the order passed by the High Court of Madras in G. Mani Vs. The Licensing Authority/Regional Transport Officer {W.P. No.10575 of 2022 and W.M.P. No.10395 of 2022, decided on 26/04/2022} & T.M. Madhu Vs. The Licensing Authority (W.P. No.11543 of 2022 and W.M.P. No.11021 of 2022, decided on 29/04/2022) wherein the said Court has directed the respondents to return the original driving license to the petitioner therein. 14. Perusal of the aforesaid orders passed by the Madras High Court would show that the ratio in the above judgment is squarely applicable to the facts of the present case. In the present case also the criminal case is pending and the petitioner is not convicted for any cognizable offence. The Respondents No.2 & 3 in the present case have not accepted the reply submitted by the petitioner and stated that on perusal of the record they have found that the petitioner has driven the vehicle in the rash and negligent manner and on that basis they have passed the order of suspending the driving license of the petitioner for the period of six months i.e. 07/04/2025 to 06/10/2025. It is pertinent to mention here that the petitioner’s criminal case is pending and the trial Court has not passed the judgment till date. 15. Even to invoke Section 19 (1) (c), it is necessary to show that the Motor Vehicle is used in the commission of a cognizable offence. Moreover, the license can be suspended only when the driver is convicted for cognizable offence and pending criminal case, suspension of driving license is not valid. Without making a specific averment regarding the same, the order suspending the driving license cannot be taken to be passed after due application of mind. 16. In view of the above, the writ petition is allowed, the order dated 25/07/2025 & 07/04/2025 are set aside. The respondent is directed to return the driving license of the petitioner within a period of one week from the date of receipt of copy of this order. However, it shall not preclude the respondent from initiating any action, if any of the contingencies specified in Clauses (a) to (h) of Section 19(1) of the Act, arises later of if any of the Rules as prescribed by the Central Government in pursuance of Section 19(1)(f) are violated.