IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1818 of 2010() ------------------------- CRIME NO. 339 OF 2010 OF KILIMANOOR POLICE STTION PETITIONER(S): --------------- SANJAYAN, AGED 38 YEARS, S/O.RAVEENDRA NATH, RAVEENDRA VILASAM, NEAR POLICE STATION,VENJARAMOODU, TRIVANDRUM. BY ADV. SRI.SANU.S.PANICKER SRI.M.ZIYAD RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, TRIVANDRUM DISTRICT. 2. THE STATE OF KERALA, REPRSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1818 of 2010 * * * * * * * * * * * * * * * * * * Dated: 3rd day of June, 2010 ORDER Petitioner stands charge-sheeted by the Sub Inspector of Police Kilimanoor Police Station in Crime No. 339 of 2010 for offences punishable under Sections 184 and 185 of M.V. Act, 1988. 2. He seeks to quash Annexure A1 F.I.R. on the ground that the F.I.R. does not disclose the commission of both the offences and that no test by means of a breath analyser was conducted so as to justify the incorporation of Sec. 185 of M.V. Act. 3. The learned Public Prosecutor, on instructions, submitted that breath analyser test was not conducted. If so, the charge as against the petitioner for offence punishable under Sec. 185 of the M.V. Act will not lie. The final report filed on 6-4- 2000 so far as it pertains to the offence under Sec. 185 of the M.V. Act shall stand quashed. The petitioner will have to stand trial for the surviving offence namely the offence punishable under Sec. 184 of the M.V. Act in case cognizance was taken and he is called upon to face trial for the said offence. Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani. -:2:-