IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1818 of 2010()
1. SANJAYAN, AGED 38 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. THE STATE OF KERALA, REPRSENTED BY
For Petitioner :SRI.SANU.S.PANICKER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/06/2010
O R D E R
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:-