Dr.Shaji vs State Of Kerala
2021 Latest Caselaw 2390 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR.JUSTICE V.G.ARUN

THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                 Crl.MC.No.5615 OF 2020(B)

    CC 20/2012 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
                COURT, THIRUVANANTHAPURAM

  CRIME NO.578/2008 OF Mecical College Police Station,
                   Thiruvananthapuram


PETITIONER/S:

           DR.SHAJI
           AGED 49 YEARS
           S/O. PEERUKANNU, M.S. BHAVAN, GSS LANE,
           MANACAUD, THIRUVANANTHAPURAM.

           BY ADVS.
           SRI.SAIJO HASSAN
           SRI.BENOJ C AUGUSTIN
           SRI.RAFEEK. V.K.
           SRI.U.M.HASSAN
           SMT.P.PARVATHY
           SMT.SURYA P SHAJI
           SHRI.MANAS P HAMEED
           SMT.AATHIRA SUNNY
           SHRI.ELDHO.N.MONCY

RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM.


OTHER PRESENT:

           SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No. 5615 of 2020

                                        -2-



                                      ORDER

Dated this the 21st day of January, 2021

Petitoiner, a Doctor by profession, is

arrayed as the 3rd accused in C.C.No.20 of 2012

pending on the files of the Additional Chief

Judicial Magistrate Court, Thiruvananthapuram.

The case arose from Crime No.578 of 2008

registered at the Medical College Police Station,

Thiruvananthapuram for offences punishable under

Sections 417, 465, 468, 471, 193, 196, 120B, 201,

204 and 211 r/w 34 of IPC. The short facts

leading to the registration of the crime are as

under:

On 28.11.1998, one Dr.Tom Kurian, a student

at the Medical College, Thiruvananthapuram was

assaulted by a patient. Some of the Doctors

retaliated and assaulted the patient and his

relatives. Crimes were registered against the

patient and the Doctors. One Dr.Mathew Abraham Crl.M.C. No. 5615 of 2020

and few other Doctors were arrested in connection

with the crime. On his production before the

jurisdictional Magistrate, Dr.Mathew Abraham

complained that Sri.Gopalakrishnan, the Circle

Inspector of Police, had tortured him in custody.

Based on the complaint, the Magistrate registered

a case and directed to admit Dr.Mathew Abraham

in the General Hospital, Thiruvananthapuram. On

examination at the General Hospital, Dr.Mathew

Abraham was found to have sustained injuries to

his kidney and liver and was referred to the

Medical College Hospital. In the ultra sound scan

taken at the Medical College Hospital, the

injuries to the kidney and liver was confirmed.

Based on the complaint of Dr.Mathew Abraham,

crime was registered against Sri.Gopalakrishnan

and the Government accorded sanction under

Section 197 Cr.P.C to prosecute the accused by

the Police officer. Later, Sri.Gopalakrishnan Crl.M.C. No. 5615 of 2020

filed a complaint before the jurisdictional

Magistrate Court alleging that Dr.Mathew Abraham

and some other Doctors had made false entries in

the treatment records, so as to implicate him.

The complaint was referred to the Police under

Section 156(3) Cr.P.C and accordingly, Crime

No.578 of 2008 was registered at the Medical

College Police Station and is now pending as

C.C.No.20 of 2012.

2. Accused Nos.1,2, 4, 6 and 8 in C.C.No.20

of 2012 had approached this Court seeking to

quash the proceedings against them. By Annexure

III common order in Crl.M.C.No.6397 of 2013 and

connected cases, this Court quashed the

proceedings against those accused, finding no

effort to have been taken by the investigating

officer to prove the alleged forgery and

falsification of entries in the medical/scan

reports. It was held that the materials relied Crl.M.C. No. 5615 of 2020

on by the prosecution did not disclose commission

of any offence by the petitioners. Annexure IV is

a common order by which the Additional Chief

Judicial Magistrate allowed the discharge

applications filed by accused Nos.7, 9 and 10 in

C.C.No.20 of 2012. A perusal of the order shows

that the learned Magistrate had allowed the

petition finding that the proceedings against the

first accused having been quashed by this Court,

no purpose would be served by proceeding with the

trial against the other accused.

3. In the light of Annexure III order of

this Court and Annexure IV of the trial court, by

which the proceedings against some of the accused

is quashed and some others discharged, absolutely

no purpose would be served by proceeding with the

case against the petitioner. The role attributed

to the petitioner is similar to or even lesser

than that of the other accused. Being so, Crl.M.C. No. 5615 of 2020

compelling the petitioner to face trial will

amount to an abuse of process of court.

In the result, the Crl.M.C is allowed,

proceedings against the petitioner in C.C.No.20

of 2012 of the Additional Chief Judicial

Magistrate Court is quashed.

sd/-

V.G.ARUN JUDGE

Scl/21.01.2021 Crl.M.C. No. 5615 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I TRUE COPY OF THE FIR NO. 578/2008 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

ANNEXURE II TRUE COPY OF THE FINAL REPORT IN CRIME NO.578/2008 CHARGE SHEETING THE PETITONER AS 3RD ACCUSED , WHICH IS NOW NUMBERED AS CC. NO. 20/2012 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

ANNEXURE III TRUE COPY OF THE JUDGMENTS DATED 13.11.2018 IN CRL.M.C.NO.6397/2013, CRL.M.C.NO. 536/2014 AND CRL.M.C. NO. 17/2015

ANNEXURE IV TRUE COPY OF THE ORDER DATD 20.09.2019 IN CRL.M.P.NO.5037/2019, CRL.M.P. 5036/2019 AND CRL.M.P.4579/2019 IN CC NO. 20/2012 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM