ORDER

The petitioner is the accused in Crime No. 392/2022 of Erattupetta Police Station, which is now pending as S.T No. 1494/2022 before the Judicial First Class Magistrate Court, Erattupetta. The offences alleged against the petitioner are under Section 279 of the Indian Penal Code and also under Section 185 of the Motor Vehicles Act .

2. The allegation against the petitioner is that on 25.03.2022 at 7.30.p.m., the petitioner drove a car bearing registration No.KL-35- D-0982 rashly through the Erattupetta-Thodupuzha road under the influence of alcohol. Annexure I is the final report submitted by the Police. This Crl.M.C is filed for quashing all further proceedings pursuant thereto.

3. Heard Kumari. Niharika Hema Raj, learned counsel appearing for the petitioner and Sri.M.P Prashanth, learned Public Prosecutor for the State.

4. The contention put forward by the learned counsel for the petitioner is that the offence under Section 185 of the Motor Vehicles Act would not get attracted from the materials produced along with the Annexure I final report. It is pointed out that of the MV Act mandates a particular level of alcohol in the blood of the accused and the same has to be det