Kerala High Court
Das M.K vs Sub Inspector Of Police on 10 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940
Crl.MC.No. 8422 of 2018
IN ST 822/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, KASARAGOD
CRIME NO. 415/2018 OF VIDYA NAGAR POLICE STATION , Kasargod
PETITIONER/ACCUSED :-
DAS M.K.,
AGED 38 YEARS
S/O KRISHNAN NAIR,
ARAYAR PALLAM HOUSE, KALLAR, KALLAR VILLAGE,
KASARAGOD DISTRICT.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENTS/STATE & COMPLAINANT :-
1 SUB INSPECTOR OF POLICE,
VDHYANAGER POLICE STATION, KASARGOD DISTRICT.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031.
SRI ALEX M THOMBRA- PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8422 of 2018
2
ORDER
Petitioner is accused in S.T.No. 822 of 2018 on the file of the Judicial Magistrate of First Class-I, Kasargod. He is alleged to have committed the offences under sections 279 IPC and section 196 r/w section 146, section 185 and section 190(2) of Motor Vehicle Act. The allegation is that he was found driving a vehicle along a public road under the influence of alcohol in rash and negligent manner and the vehicle had no pollution certificate or insurance. The proceedings are sought to be quashed on the ground that no breath analysis test and blood test were conducted.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Even if it is assumed that section 185 Motor Vehicle Act is not attracted the petitioner has no case that the facts of the case do not attract any other offence especially the offences under the Motor Vehicle Act. So the proceedings cannot be Crl.MC.No. 8422 of 2018 3 quashed. If any offence is not attracted by the facts of the case the petitioner may bring it to the notice of the learned Magistrate before the plea is recorded.
With the above observation this Crl.M.C is dismissed.
Sd/-
K.ABRAHAM MATHEW, JUDGE SMA Crl.MC.No. 8422 of 2018 4 APPENDIX PETITIONER'S/S ANNEXURES :-
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.415 OF 2018 OF VIDHYANAGAR POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE CERTIFICATE OF DRUNKENNESS ANNEXURE A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.415/2018 VIDHYANAGAR POLICE STATION RESPONDENT(S)' ANNEXURES :- NIL //TRUE COPY// PA TO JUDGE SMA