STATE OF KERALA Vs. JYOTHISH KUMAR

JUDGEMENT

(1.) Petitioner is the accused in S.T. 2329/2009 on the file of Judicial First Class Magistrate Court, North Paravur taken cognizance for the offence under Section 185 of Motor Vehicles Act on Annexure A4 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the final report as well as the cognizance taken contending that no offence as alleged is committed and when a prima facie case is not made out, continuation of the proceedings is an abuse of process of the court.

(2.) Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) Learned Counsel appearing for the petitioner pointed out that Annexure A1 FIR was registered on the basis of statement of Assistant Sub Inspector of Police to the effect that on 1.3.2009 at about 11 a.m petitioner was found driving Car bearing No. KL-7/AX- 2352 along Paravur- Ernakulam NH road and the Sub Inspector of Police suspected that petitioner has consumed alcohol and therefore arrested him and sent for medical examination and hence the case is registered. It is pointed out that Anenxure A3 medical certificate does not show that petitioner was under the influence of alcohol and instead would only show that he might have consumed alcohol and in any case the medical certificate shows that he was not under the influence of alcohol and therefore the case as against him for the offence under Section 185 of Motor Vehicles Act is not sustainable. It is also pointed out that Annexure A4 final report does not show on what basis it is alleged that the petitioner has committed the offence under Section 185 of Motor Vehicles Act.