The court quashed the prosecution against the petitioner under Section 185 of the Motor Vehicles Act, relying on the absence of a breath analyzer test, while proceedings under Section 184 were allowed to continue.
The prosecution under Section 185 of the Motor Vehicles Act was quashed; the prosecution under Section 184 was allowed to continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930
Crl.MC.No. 1926 of 2008()
------------------------CRIME 361/08 OF CENTRAL POLICE STATION, ERNAKULAM
PETITIONER:
SEBASTIAN K.M,AGED 43,S/O.MATHEW, MATTUNILATH HOUSE,KASSIM ROAD,NEAR LISSY HOSPITAL, KALOOR,KOCHI-17.
BY ADV. SRI.O.V.MANIPRASAD
RESPONDENTS:
STATE OF KERALA (CRIME NO.361/2008, S.I OF POLICE,CENTRAL POLICE STATION, ERNAKULAM),REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Crl.M.C. No. 1926 OF 2008
Dated this the 23rd day of June, 2008
O R D E R
The petitioner faces indictment in a prosecution for offences punishable under Sections 184 and 185 of the Motor Vehicles Act. The petitioner has come to this Court with a prayer that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against him, in so far as it relates to the allegations under Section 185 of the Motor Vehicles Act. The learned counsel for the petitioner has got an affidavit filed by the petitioner to confirm that the quashing of the proceedings under Section 185 of the Motor Vehicles Act is relevant since without that offence, he does not want to make any defence and wants to plead guilty for the allegation under Section 184 of the Motor Vehicles Act.
breath analysor test having been conducted and there being no allegation even that the petitioner did have any quantity of alcohol found in the blood of the petitioner [and in the absence of even the semblance of an allegation that the petitioner had refused to take
Crl.M.C. No. 1926 OF 2008
2
the breath analysor test or the blood test], the prosecution against him under Section 185 of the Motor Vehicles Act must fall to the ground. The learned counsel relies on a decision of this Court in Shibu v. State of Kerala [2006(4) KLT 747], which is authority for the proposition that without breath analysor test being conducted and in the absence of any explanation for not conducting such test the prosecution under Section 185 cannot lie.
i) This petition is allowed in part.
ii) The prosecution against the petitioner in ST No.1828/08
before the JFMC-II, Ernakulam, in so far as the allegations under Section 185 of the Motor Vehicles Act are concerned, is hereby quashed.
Crl.M.C. No. 1926 OF 2008
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continue and the learned Magistrate shall proceed to consider the
plea of guilty which the petitioner wants to raise.
R. BASANT, JUDGE
ttb
Crl.M.C. No. 1926 OF 2008
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Crl.M.C. No. 1926 OF 2008
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2 issues framed by the court
Whether powers under Section 482 Cr.P.C can be invoked to quash proceedings under Section 185 of the Motor Vehicles Act for failure to conduct a breath analyzer test.
Whether the prosecution under Section 185 must fall to the ground in the absence of a breath analyzer test and any allegation of refusal.
Colour shows how this judgement treated each authority
Shibu v. State of KeralaRelied on¶22
Shibu v. State of Kerala [2006(4) KLT 747]
4 provisions across 2 enactments
Sebastian K.M
State of Kerala
R. Basant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
