IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.MC.No. 2052 of 2009() ------------------------------------ CRIME NO.361/2009 OF PALARIVATTOM POLICE STATION ............... PETITIONER/ACCUSED: --------------------------------- SUMESH, AGED 24 YEARS, S/O.AYYAPPAN, CHATHANAD VEEDU, PADAMUGAL, THRIKKAKKARA. BY ADV. MR.DILEEP P. PILLAI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2052 of 2009 -------------------------- ORDER Petitioner is the accused in Crime No.361/2009 of Palarivattom Police Station, now pending as S.T. No.993/2009 on the file of Judicial First Class Magistrate's Court-I, Ernakulam, taken cognizance by the Magistrate on Annexure-A1 final report for the offences under Section 279 of Indian Penal Code and under Section 185 of Motor Vehicles Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that he is an Advocate Clerk by profession and ingredients of the offences are not made out and in such circumstances, the case is to be quashed. 2. Learned counsel appearing for the petitioner argued that in the absence of materials to prove presence of alcohol in the blood exceeding 30 mg/ 100 at the time of the arrest, an offence under CRMC 2052/09 2 Section 185 of Motor Vehicles Act will not lie and in such circumstances, the case is to be quashed. The offence alleged is not only under Section 185 of Motor Vehicles Act, but under Section 279 of Indian Penal Code also. It cannot be said that, on the allegations raised in the final report, an offence under Section 279 of Indian Penal Code is not attracted. In such circumstances, I do not find any reason to quash the proceedings as sought for. Petitioner is at liberty to raise all the contentions before the concerned Magistrate. Petition is dismissed. 16th July, 2009 (M.Sasidharan Nambiar, Judge) tkv