In a criminal miscellaneous case, the High Court of Kerala quashed the charge under Section 185 of the Kerala Motor Vehicles Act due to absence of an alchometer test, leaving the rash and negligent driving charge for trial.
Quashing of further proceedings arising from the crime under Section 185 of the Kerala Motor Vehicles Act.
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 SUNIL THOMAS
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2017/26TH MAGHA, 1938
Crl.MC.No. 552 of 2017 ()
CRIME NO. 353/2016 OF VELLATHOOVAL POLICE STATION , IDUKKI
PETITIONER(S)/ACCUSED:
SHIBU MATHEW, AGED 34 YEARS, S/O. MATHEW, VETTIYAMKUNNEL HOUSE, THOKKUPARA POST, KUNCHITHANNI VILLAGE, PALLIVASAL PANCHAYATH, IDUKKI.
BY ADV. SRI.S.JIJI
RESPONDENT(S)/STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, VELLATHOOVAL POLICE STATION, VELLATHOOVAL P.O., IDUKKI-68563.
3. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, DEVIKULAM AT ADIMALY, KALLARKUTTY ROAD, ADIMALY POST, IDUKKI-685561.
R BY PUBLIC PROSECUTOR:SRI T R RANJITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 552 of 2017
APPENDIX
PETITIONERS ANNEXURS:
ANNEXURE A1 : CERTIFIED COPY OF THE FIR IN CR.NO.353/2016 OF VELLATHOOVAL POLICE STATION ANNEXURE A2 : TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE S.P IDUKKI DATED 15.07.2016 ANNEXURE A3 : TRUE COPY OF THE EXPLANATION DATED 05.09.2016 SUBMITTED BY the PETITIONER ANNEXURE A4 : TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 04.01.2017
RESPONDENTS ANNEXURES:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.552 of 2017
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Dated this the 15th day of February, 2017
ORDER
Petitioner herein is the sole accused who faces prosecution in Crime No.353 of 2016 of Vellathooval Police Station for offences punishable under section 279 of Indian Penal Code and section 185 of Kerala Motor vehicles Act.
Crl.M.C.552/17
2
trial. In the light of above, I am satisfied that section 185 of the Kerala Motor Vehicles Act will not survive. Hence, that charge is liable to be quashed.
In the result, Crl.M.C is allowed in part to the extent of quashing the further proceeding arising from Crime No.353 of 2016 of Vellathooval Police Station under section 185 of Kerala Motor Vehicles Act.
Sd/- SUNIL THOMAS Judge
Sbna/15/2/17
True Copy / P A to Judge
2 issues framed by the court
Whether the charge under Section 185 of the Kerala Motor Vehicles Act can be quashed due to lack of alchometer test.
Whether the third respondent can proceed further against the petitioner without this order.
1 provisions across 1 enactments
Shibu Mathew
State of Kerala
Sub Inspector of Police
Joint Regional Transport Officer
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
