V. RAMKUMAR v. RAMKUMAR, JUDGE.rv
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 279
- MotorVehicles Act, 1988 s. 185
- Motor Vehicles Act, 1988 s. 185
Judgment
V. RAMKUMAR , J.==========================Crl.M.C. No. 2684 of 2008==========================Dated this the 21st day of July, 2008.
O R D E RThe petitioner, who is the accused in C.C. No. 933 of 2008 onthe file of the Judicial First Class Magistrate-II, Ernakulam for offencespunishable under Section 279 IPC and Section 185 of the MotorVehicles Act, 1988, seeks to quash the proceedings so far as theyrelate to the offence under Section 185 of the Motor Vehicles Act. Admittedly, a breath analyser test has not been conducted in this caseso as to justify the indictment of the petitioner for the offencepunishable under Section 185 of the Motor Vehicles Act. Hence, in thelight of the decision in Shibu v State of Kerala 2006(4) KLT 747),the charge against the petitioner so far as it relates to Section 185 ofthe Motor Vehicles Act, being groundless is quashed. C.C. No. 933 of2008 on the file of the Judicial First Class Magistrate-II, Ernakulamshall continue so far as it relates to the offence punishable under Section 279 IPC.Dated this the 21st day of July, 2008. V. RAMKUMAR, JUDGE.rv
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 279; MotorVehicles Act, 1988 — s. 185; Motor Vehicles Act, 1988 — s. 185.
Which court decided this case, and when?
Kerala High Court, on 21 Jul 2008. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.