Kallungal Ashraf vs Commissioner Of Police
2023 Latest Caselaw 10632 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                      WP(CRL.) NO. 930 OF 2023
PETITIONER:

             KALLUNGAL ASHRAF, AGED 50 YEARS
             S/O MOHAMMED, KALLUNGAL HOUSE, ANANTHAVOOR AMSOM
             DESOM, VAIRANGODE P.O, TIRUR, MALAPPURAM DISTRICT,
             PIN - ., PIN - 676301
             BY ADVS.
             P.T.SHEEJISH
             A.ABDUL RAHMAN (A-1917)
             APARNA V. DEVASSIA
             HEMANTH H.
             SANDRA TOM


RESPONDENTS:

    1        COMMISSIONER OF POLICE
             THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER
             OF POLICE, POLICE GROUND, C V RAMAN PILLAI ROAD,
             THYCAUD, THIRUVANANTHAPURAM DISTRICT,, PIN - 695014
    2        STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE
             STATION, MEDICAL COLLEGE POST, THIRUVANANTHAPURAM
             DISTRICT, PIN - ., PIN - 695011
             BY ADVS.
             ADVOCATE GENERAL OFFICE KERALA
             DIRECTOR GENERAL OF PROSECUTION(AG-10)
             P.NARAYANAN, SENIOR G.P.


OTHER PRESENT:

             RENJITH TR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.10.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(Crl)930/2023                              2




                    P. V. KUNHIKRISHNAN, J.
                 -------------------------------------------
                     W.P(Crl). No.930 of 2023
                 -------------------------------------------
              Dated this the 16th day of October, 2023

                                  JUDGMENT

This Criminal Miscellaneous Case is filed under Section 482 of

the Code of Criminal Procedure, 1973 ("the Code" for the sake of

brevity).

i) Issue a writ of Mandamus or any appropriate writ, order or direction commanding the 1st respondent to immediately consider Exhibit P4 complaint of the petitioner in Crime No.1384/2022 of Medical College Police Station, and to conduct effective and speedy investigation including the preservation of the relevant evidence in the above crime case, so as to render the justice adequately.

ii) To dispense with the filing of the translation of the vernacular documents.

iii) Any other relief which this Hon'ble Court may deem fit and necessary in the interest of Justice.

2. The petitioner is aggrieved by the death of his son aged 9

½ years, who died while undergoing treatment in Regional Cancer

Centre, Thiruvananthapuram on account of the alleged negligence of

the doctors and other hospital staff. An FIR was registered alleging

offence punishable under section 304A r/w 34 of the Indian Penal

Code.

3. This Writ Petition is filed for giving a direction to the 1 st

respondent to consider Ext.P4 complaint of the petitioner and to

conduct effective and speedy investigation, including the

preservation of the relevant evidence in the above crime.

4. When this Writ Petition came up for consideration on

29.09.2023, this Court passed the following order:

'Public Prosecutor submitted that the matter is now pending before the Medical Experts' Committee and once the report is received, the investigation will be completed.

Public Prosecutor will get instructions from the concerned DMO about the delay in submitting the report.

Post on 16.10.2023.'

5. Today, the learned Public Prosecutor made available the

report submitted by the expert committee, in which, it is stated that

the child has been provided all medical care possible from RCC

during his treatment and there is no evidence of any medical

negligence in his treatment. If that is the case, the petitioner can do

the needful in accordance to law.

With the above observation, this Writ Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(CRL.) 930/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 19.08.2022 PASSED BY THIS HON'BLE COURT IN WPC NO. 26791 OF 2022 Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 31.08.2022 PASSED BY THIS HON'BLE COURT IN WPC NO. 26791 OF 2022 Exhibit P3 THE TRUE COPY OF THE FIR IN CRIME NO.1384/2022 OF MEDICAL COLLEGE POLICE STATION Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7/2/2022 Exhibit P5 THE TRUE COPY OF THE RECEIPTS FOR THE COMPLAINTS PREFERRED BY THE PETITIONER DATED 14/2/2022 Exhibit P6 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT IN WP(CRL).NO.466/2022 DATED 22.06.2022 Exhibit P7 THE TRUE COPY OF COMPLAINT DATED 28/8/2021 Exhibit P8 THE TRUE COPY OF RCC REPORT DATED 15/7/2021