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

a