IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 1453 of 2010() ------------------------- CC.1290/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- SREEKANTH, S/O.SASI, AGED 23 YEARS, KUDUMBI COLONY, HOUSE NO.47, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.S.R.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1453 OF 2010 -------------------------------------- Dated this the 19th day of August, 2010 ORDER Petitioner, who is the accused in Crime No.214/2010 of Kadavanthra Police Station for offences punishable under Sections 279 IPC and 185 of the Motor Vehicles Act 1988 and now pending before the J.F.C.M Court-II, Ernakulam as C.C.No.1290/2010, seeks to quash the proceedings against him. 2. In as much as no breath analyser test was conducted with regard to the offence under Section 185 of the Motor Vehicles Act, the invocation of the said section and registration of the crime under the said section are misconceived. Accordingly, the FIR as well as the C.C case so far as they relate to an offence under Section 185 of the Motor Vehicles Act will stand quashed. The petitioner shall however face the trial for the offence punishable under Section 279 IPC. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb