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2018 Supreme(Online)(KER) 6782
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY,THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA,
1940
Crl.MC.No. 6525 of 2018
ST 213/2018 OF J.M.F.C.-I, KANJIRAPPALLY
CRIME NO. 28/2018 OF MUNDAKAYAM POLICE STATION , KOTTAYAM
PETITIONER/S:
KOCHUMON, AGED 39 YEARS
S/O KUNJUMON, KOONAMCHALIL HOUSE, PARAMADA,
MADUKKA PO, KORUTHODU
BY ADVS.
SRI.C.A.NAVAS
SRI.T.K.SASIKUMAR
RESPONDENT/S:
1
STATE OF KERALA
REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031
2
SUB INSPECTOR OF POLICE
MUNDAKKAYAM POLICE STATION, KOTTAYAM DISTRICT.
3
THE ADDITIONAL LICENSING AUTHORITY
SUB REGIONAL TRANSPORT OFFICER,
KANJIRAPPALLY - 688081
OTHER PRESENT:
SR.PP.ALEX M. THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 6525 of 2018
..2..
Petition filed under Section 482 Cr.P.C.
2. The petitioner is the accused in ST No. 213 of
2018 on the file of the Judicial First Class
Magistrate Court-I, Kanjirappally. He is
alleged to have committed the offences under
Section 279 of the Indian Penal Code and
Section 185 of the Motor Vehicles Act. The
allegation is that under the influence of
alcohol he drove a vehicle along a public road
in a rash or negligent manner. The proceedings
are sought to be quashed on the ground that
the prosecution does not propose to adduce any
evidence to prove that the petitioner has
committed the offence under Section 185 MV
Act.
3. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
4. Even if it is assumed that blood test was not
..3..
conducted and Section 185 MV Act is not
attracted, the proceedings cannot be quashed
because the facts attract Section 279 IPC. So,
it is only proper that the petitioner faces
trial.
5. Learned counsel submits that the Additional
Licensing Authority, Kanjirappally has issued
Annexure A4 notice to show cause why his
licence should not be cancelled. Having regard
to the facts of the case, I think the
authority can take a decision after the
disposal of the criminal case.
In the result, this Crl.M.C. is disposed of
directing the Additional Licensing Authority,
Kanjirappally not to cancel the driving
licence of the petitioner before the disposal
of the case.
Sd/-
K.ABRAHAM MATHEW
JUDGE
..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1
F.I.R. IN CRIME NO.28/2018 OF THE
MUNDAKKAYAM POLICE FILED BEFORE JFCM
COURT-1, KANJIRAPPALLY.
ANNEXURE A2
THE TRUE COPY OF THE SCENE MAHASAR IN
CRIME NO.28/2018 OF THE MUNDAKKAYAM
POLICE FILED BEFORE JFCM COURT-I,
KANJIRAPPALLY.
ANNEXURE A3
CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.28/2018 OF THE MUNDAKKAYAM
POLICE FILED BEFORE JFCM COURT-1,
KANJIRAPPALLY.
ANNEXURE A4
TRUE COPY OF THE SHOW CAUSE NOTICE
DATED NIL.
ANNEXURE A5
TRUE COPY OF THE REPLY DATED
16.4.2018.
ANNEXURE A6
CERTIFIED COPY OF THE BREATH ANALYZER
REPORT DATED 6.1.2018.
Bka/17.10.2018
