IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2633 of 2008() ------------------------- S.T. 372/08 OF KADAVANTHARA POLICE STATION PETITIONER: ------------ TONY PIUS, S/O PIUS, AGED 31 YEARS, AMBAT HOUSE, S.R.M.CROSS ROAD, PACHALAM, COCHIN -12. BY ADV. SRI.T.A.SREE KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADAVANTHRA. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2633 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 184 and 185 of the M.V. Act. According to the petitioner, the prosecution under Section 185 of the Act is not maintainable in as much as no breath analyser test was conducted. If the charge under Section 185 of the Act is quashed, the petitioner does not want to contest the allegation under Section 184 and would like to purchase peace and see the end of the prosecution, submits the learned counsel. 2. Notice was given to the learned Prosecutor. The learned Prosecutor submits that it is not correct to say that breath analyser test was not conducted in the instant case. My attention has been drawn to the allegations raised in the case diary and that clearly shows that there is an allegation hat breath analyser test was conducted. I am satisfied, in these circumstances, that powers under Section 482 Cr.P.C. cannot and need not be Crl.M.C.No. 2633 of 2008 2 invoked to quash the prosecution under Section 185 of the Act. In as much as that is not liable to be quashed, the petitioner is at liberty to contest the allegations under Section 184 as well as Section 185 of the M.V. Act. 3. This Crl.M.C. is hence dismissed with the above observations. (R. BASANT) Judge tm