IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 1443 of 2010() ------------------------ CC.1191/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO. 21/2010 OF KADAVANTHRA POLICE STATION, KOCHI .................. PETITIONER / ACCUSED : ---------------------------------- CHARLS,S/O.JOSEPH,AGED 50 YEARS, POTHEN PURAKKAL HOUSE,JANATHA ROAD, THAMMANAM,PUNITHURA VILLAGE,ERNAKULAM DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT/ COMPLAINANT: ------------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KADAVANTHRA POLICE STATION REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1443 OF 2010 --------------------------------------------- Dated 16th September, 2010 O R D E R Petitioner, the accused in C.C.1191/2010 on the file of Judicial First Class Magistrate's Court-II, Ernakulam filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A1 final report contending that an offence under Section 185 of Motor Vehicles Act will not lie on the allegations stated in the final report and there is no material to attract an offence under Section 279 of Indian Penal Code. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A1 final report shows that prosecution case is that on 3/1/2010 at about 8.30 p.m petitioner was found riding scooter Crmc 1443/10 2 KL-11/P.334 rashly and negligently, so as to endanger human life after consuming liquor. 4. Argument of the Learned counsel is that offence is not attracted in the absence of the certificate issued by the doctor showing that alcohol in excess of the limit was there in the blood. Annexure-A2 copy of drunken certificate establishes that petitioner was not willing to undergo blood test. In such circumstances, I find no reason to interfere with Annexure-A1 as sought for. Petition is dismissed. Petitioner is entitled to raise all the contentions before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure, if charge is not framed. M.SASIDHARAN NAMBIAR, JUDGE. uj.