IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Crl.MC.No. 2684 of 2008() ------------------------- CC.933/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: ACCUSED. -------------------- PHILIP, S/O.JOHN, PARAMBIL HOUSE, CHILAVANNOOR ROAD, ELAMKULAM VILLAGE, KADVANTHARA, COCHIN-682 020. BY ADV. SRI.KOSHY GEORGE RESPONDENTS: COMPLAINANTS. ----------------------------------- 1. S.I OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 2. THE COMMISSIONER OF POLICE, ERNAKULAM CITY. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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. rv