IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2052 of 2009()
1. SUMESH, AGED 24 YEARS, S/O.AYYAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE PUBLIC
... Respondent
For Petitioner :SRI.DILEEP P. PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/07/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2052 of 2009
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ORDER
Petitioner is the accused in Crime No.361/2009
of Palarivattom Police Station, now pending as S.T.
No.993/2009 on the file of Judicial First Class
Magistrate’s Court-I, Ernakulam, taken cognizance
by the Magistrate on Annexure-A1 final report for
the offences under Section 279 of Indian Penal Code
and under Section 185 of Motor Vehicles Act. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings
contending that he is an Advocate Clerk by
profession and ingredients of the offences are not
made out and in such circumstances, the case is to
be quashed.
2. Learned counsel appearing for the petitioner
argued that in the absence of materials to prove
presence of alcohol in the blood exceeding 30 mg/
100 at the time of the arrest, an offence under
CRMC 2052/09 2
Section 185 of Motor Vehicles Act will not lie and
in such circumstances, the case is to be quashed.
The offence alleged is not only under Section 185
of Motor Vehicles Act, but under Section 279 of
Indian Penal Code also. It cannot be said that, on
the allegations raised in the final report, an
offence under Section 279 of Indian Penal Code is
not attracted. In such circumstances, I do not find
any reason to quash the proceedings as sought for.
Petitioner is at liberty to raise all the
contentions before the concerned Magistrate.
Petition is dismissed.
16th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv