Petitioner is the accused in S.T.1168/94 before Judicial First Class Magistrate, Kayamkulam. A crime was registered against him under S.188(a) of the Motor Vehicles Act. While the Sub Inspector of Police, Kayamkulam, inspected the vehicle KRZ 9777 on 31-12-93 at about 2 a.m. when it was being driven by the accused along Kayamkulam - Thattarambalam public road the Sub Inspector found the accused drunk. He was sent for chemical examination and the report obtained. After taking cognizance of the offence the Magistrate issued summons. The matter was entrusted by the accused with his lawyer who filed C.M.P. 1625/95 seeking permission to plead guilty for and on behalf of the accused under S.208 of the Motor Vehicles Act. The Magistrate dismissed the petition observing that the summons issued by the court is in accordance with the provisions contained in S.208 of the Act and S.185(a) is an offence punishable with imprisonment upto 6 months or fine upto Rs.2000/- or both. That order is under challenge in this petition filed under S.482 Cr.P.C.

2. Heard counsel for petitioner.

3. Petitioner is alleged to have committed an offence punishable under S.185(a) of the Motor Vehicles Act