IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 10TH JANUARY 2007 / 20TH PAUSHA 1928 Crl.MC.No. 10677 of 2002(D) -------------------------- ST.6565/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: ACCUSED: --------------------------- SAIDALAVI, AGED 28 YEARS, S/O. KUNHIMU, CHALIL HOUSE, VENGARA AMSOM DESOM, PAKKADA PURAYA. BY ADV. SMT.SANGEETHA LAKSHMANA RESPONDENTS: COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(ST.6565/2000 OF JFCMC, PARAPANANGADI, BASED ON CRIME NO.194/2000 OF TIRURANGADI POLICE STATION, MALAPPURAM). BY ADV. SRI. C.M. KAMAPPU, PUBLIC PROSECUTOR SRI.JOHN VARGHESE, ASSISTANT SG THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL. M.P. NO. 8320/2002 IN CRL.M.C. NO. 10677/2002 DISMISSED 10.01.2007 SD/- K.R. UDAYABHANU, JUDGE /True Copy/ P.A. to Judge. K.R. UDAYABHANU, J ============================= CRL. M.C. NO. 10677 OF 2002 ============================== Dated this the 9th day of January 2007 ORDER The petitioner has sought for getting quashed the proceedings initiated under section 185 and section 3(1) r/w section 181 of Motor Vehicles Act vide S.T. No. 6565/ 2000 in the court of JFCM, Parapanangadi on the allegation that he was found driving an auto-rickshaw in a drunken state. It is the case of the petitioner that he has not been subjected to a breath analyser test as is contemplated under section 185 nor was he subjected to a blood test to determine quantity of alcohol in his blood stream. Ofcourse, his case is that he was not driving the vehicle at all. The petitioner has also produced the decision reported in Rajavalse M v.State (1999 CRI.L.J.4 58 (Karnataka High Court) in this regard. The petitioner has also produced the copy of the medical certificate issued by the Civil Surgeon of the Government Hospital, Parapanangadi from which it can be seen the petitioner was not subjected to the breath analyser test or blood test. The observation of the Doctor is that he has consumed alcohol but is not under the influence of it. CRL. M.C. NO. 10677 OF 2002 : 2 : 2. In the circumstances, I find that the proceedings initiated against the petitioner under section 185 amounts to infraction of the above provision. Hence charge under section 185 of Motor Vehicles Act 1988 is herewith quashed. The petitioner would stand trial for the rest of the charges. The Crl. M.C is disposed of accordingly. K.R. UDAYABHANU, JUDGE. RV