IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 512 of 2008() ------------------------ CC.1245/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI CRIME NO. 9/2007 of NARAKKAL POLICE STATION .................... PETITIONER: ACCUSED NOS.1 & 2: ------------------------------ 1. SHAJI, S/O. KARIM, VALACHERRY VEETTIL, KUMBALAM SOUTH, KUMBALAM VILLAGE. 2. GEORGE, S/O. PAULOSE, INJIKKOTTIL VEETTIL, PATTIMATTOM EAST, PATTIMATTOM VILLAGE. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENTS: COMPLAINANT: ------------------------------------ STATE OF KERALA (REPRESENTED BY THE SUB INSPECTOR OF POLICE, CRIME NO.9/2007 OF NARAKKAL POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 512 of 2008 ========================== Dated this the 4th day of February, 2008. O R D E R The petitioners who were accused Nos. 1 and 2 seek to quash the charge sheet in Crime No. 9/2007 of Narakkal Police Station as well as the proceedings pending as C.C. No. 1245/2007 before the Judicial First Class Magistrate-I, Kochi so far as they relate to the offence under Section 185 of the Motor Vehicles Act, 1988. The only basis on which the charge under Section 185 of the M.V. Act is sought to be sustained is the certificate of drunkenness even as per which the petitioner was not under the influence of alcohol. The petitioners have not been subjected to the breath analyser test to ascertain the fact as to whether they were in a drunken stage within the meaning of Section 185 of the M.V. Act. In the light of the decision reported in 2006(4) KLT 747- Shibu v. State of Kerala , the charge under Section 185 of the M.V. Act cannot be sustained. I am also fortified in this conclusion by another decision dated 02.01.2008 of this Court in Crl. M.C. No. 3813/2007. The final report as well as the proceedings in C.C. No. 1245/2007 on the file of the Judicial First Class Magistrate, Kochi so far as they relate to the charge under Section 185 of the M.V Act, 1988 are quashed. The proceedings can be continued with regard to the rest of the offences. V. RAMKUMAR, JUDGE. rv