Philip vs Si Of Police on 21 July, 2008

[Cites 3, Cited by 0]

Kerala High Court

Philip vs Si Of Police on 21 July, 2008

Bench: V.Ramkumar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2684 of 2008()


1. PHILIP, S/O.JOHN, PARAMBIL HOUSE,
                      ...  Petitioner

                        Vs



1. SI OF POLICE, CENTRAL POLICE STATION,
                       ...       Respondent

2. THE COMMISSIONER OF POLICE,

3. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.KOSHY GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/07/2008

 O R D E R
                             V. RAMKUMAR , J.
               ==========================
                   Crl.M.C. No. 2684 of 2008
               ==========================
                  Dated this the 21st day of July, 2008.

                                 O R D E R

The petitioner, who is the accused in C.C. No. 933 of 2008 on the file of the Judicial First Class Magistrate-II, Ernakulam for offences punishable under Section 279 IPC and Section 185 of the Motor Vehicles Act, 1988, seeks to quash the proceedings so far as they relate to the offence under Section 185 of the Motor Vehicles Act. Admittedly, a breath analyser test has not been conducted in this case so as to justify the indictment of the petitioner for the offence punishable under Section 185 of the Motor Vehicles Act. Hence, in the light of the decision in Shibu v State of Kerala 2006(4) KLT 747), the charge against the petitioner so far as it relates to Section 185 of the Motor Vehicles Act, being groundless is quashed. C.C. No. 933 of 2008 on the file of the Judicial First Class Magistrate-II, Ernakulam shall continue so far as it relates to the offence punishable under Section 279 IPC.

Dated this the 21st day of July, 2008.

V. RAMKUMAR, JUDGE.

Unlock Advanced Research with PRISMAI

Kerala High Court