IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Crl.MC.No. 1335 of 2008 ------------------------- ST.91/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO. 7816/2007 OF CITY TRAFFIC POLICE STATION, KOCHI CITY .................... PETITIONER: ACCUSED' -------------------- TOMY LOUIS, AGED 43 YEARS, S/O.LOUIS, CHITTAYAN HOUSE, ASSAMANNOOR, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.NISHIL.P.S. RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA (CRIME NO.7816/2007, S.I.OF POLICE, CITY TRAFFIC POLICE STATION, KOCHI CITY), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1335 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of March , 2008 ORDER The petitioner, who claims to be legal practitioner, seeks to quash all proceedings in S.T.No.91/2008 on the file of the Judicial Magistrate of First Class-II, Aluva. The offences charged against the petitioner are punishable under Sections 184 and 185 of the Moor Vehicles Act, 1988. 2. Inasmuch as no breath analyser test was conducted, there is no scope to convict the petitioner under Section 185 of the Motor Vehicles Act, and, therefore, the charge under Section 185 of the said Act cannot stand. Accordingly, S.T.No.91/2008 on the file of the Judicial First Class Magistrate Court-II, Aluva in so far as it relates to the charge under Section 185 of the Motor Vehicles Act shall stand quashed. 3. The offence punishable under Section 184 of the Motor Vehicles Act shall however, survive and the petitioner may file an application before the Magistrate for personal exemption and in case he gives an undertaking to the effect that he will not question his identity, the learned Magistrate shall grant him personal exemption during trial, unless his personal appearance if found inevitable at any stage of trial. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.