IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.MC.No. 2070 of 2008() -------------------------------------- (CRIME NO.2/2008 OF KADAVANTHRA POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ JIJI THOMAS, AGED 33 YEARS, S/O.THOMAS, PAMPACKAL HOUSE, AYYANKUNNU AMSOM, ANGADIKADAVU, KANNOOR DISTRICT. BY ADV. MR.VIJAI MATHEWS RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== CRL.M.C. No.2070 OF 2008 ===================== Dated this the 13th day of March 2009 O R D E R This petition is filed to quash Annexure A1 charge sheet against the petitioner in ST No.436 of 2008 pending before the Judicial I Class Magistrate Court-II, Ernakulam. It is the case of the petitioner that he had not driven the vehicle at all and further no blood analysis test had been done and therefore the charge is to be quashed. A perusal of the charge sheet produced before me as Annexure A1 would show that the petitioner has been charged under Sections 184, 185, 3(1), 181, 146 and 164 of the Motor Vehicles Act. The allegation is that the accused in a drunken stage had driven the vehicle without valid license and insurance and therefore has committed offences mentioned in the charge sheet. Learned counsel for the petitioner would contend before me that the petitioner was involved in a motor accident and thereafter he was not in a position to drive a motor bike at all. It is also contended that the blood analysis test has not been done and therefore no action will lie under Section 185 of the Motor Vehicles Act. The question whether a person had driven a vehicle or not is a factual CRL.M.C.2070/2008 -:2:- question to be decided in the light of the witnesses shown in the charge sheet. If the petitioner succeeds at the stage of evidence that he had not driven the vehicle at all, naturally he cannot be found guilty for any of the offences. But, it is a matter of evidence. So far as Sections 3, 146, 181 and 184 are concerned, they are all interlinked with the factum of driving the vehicle. So far as Section 185 is concerned, if blood analysis test is not conducted, a charge may not lie under that section which also can be considered. Therefore it is too early a stage to quash the proceedings. Therefore the Crl.M.C. is dismissed. M.N.KRISHNAN, JUDGE Cdp/-