IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.MC.No. 1450 of 2009() ------------------------- CRIME NO.1256 OF 2008 OF KADAVANTHARA POLICE STATION PETITIONER(S): ----------------------- ASOKAN, AGED 45, D/O. DASAN, VLIYIL HOUSE, PANANGAD MARADU VILLAGE, ERNAKULAM. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------------------- THE SUB INSPECTOR OF POLICE, KADAVANTHARA POLICE STATION, ERNAKULAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = Crl.M.C. No.1450 of 2009 = = = = = = = = = = = = = = = = = Dated :05.05.2009 ORDER The petitioner, who is the accused in Crime No.1256 of 2008 of Kadavantra Police Station now pending before the J.F.C.M -II, Ernakulam as C.C.No.493/2009 for offences punishable under Sec. 279 IPC and Section 185 of the Motor Vehicles Act, seeks to quash the proceedings, so far as it relates to the offence punishable under Section 185 of the Motor Vehicles Act, 1988. 2. Admittedly no Breath Analyser Test has been conducted for detecting the percentage of alcohol. Without the said test, the prosecution of the petition under Section 185 of the Motor Vehicles Act is misconceived. The proceedings pending as C.C.No.493 of 2009 on the file of the J.F.C.M -II, Ernakulam, so far as it relates to the offence punishable under Section 185 of the Motor Vehicles Act, will stand quashed. This Crl. M.C. is disposed of as above. V. RAMKUMAR, JUDGE sj