Kerala High Court
Adv. Suchitra S vs State Of Kerala on 6 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:316
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
WP(C) NO. 40003 OF 2024
PETITIONER/1ST PETITIONER:
ADV. SUCHITRA S
AGED 44 YEARS
SIVAM APPARTMENTS, PURAYAR,
PUTHUVAMKUNNU, DESAM P.O, ALUVA,
ERNAKULAM, PIN - 683102
BY ADV.
ADARSH S.
RESPONDENTS/IST RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE OF KERALA
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR OF HEALTH SERVICES
DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN - 695035
4 DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
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W.P.(C) NO.40003 OF 2024
2
MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
5 KERALA STATE MEDICAL COUNCIL
REPRESENTED BY THE REGISTRAR,
COMBINED COUNCIL BUILDING, RED CROSS ROAD,
THIRUVANANTHAPURAM, PIN - 695035
6 MEDICAL SUPERINTENDENT
GOVERNMENT MEDICAL COLLEGE AND HOSPITAL,
HMT COLONY P.O, KALAMASSERY, ERNAKULAM,
PIN - 683503
7 ST. JAMES' HOSPITAL
REPRESENTED BY IT'S MANAGING DIRECTOR,
OLD HIGHWAY ROAD, CHALAKUDY, THRISSUR DIST,
KERALA, PIN - 680307
8 THE STATE POLICE CHIEF & DGP
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
9 ADDITIONAL DIRECTOR GENERAL OF POLICE
(CRIME BRANCH)
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
10 DIRECTOR
CENTRAL BUREAU OF INVESTIGATION,
NORTH BLOCK, NEW DELHI, PIN - 110003
BY ADVS.
SMT. SREEJA V. - SR. PUBLIC PROSECUTOR
VIVEK MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) NO.40003 OF 2024
3
JUDGMENT
The petitioner is the defacto complainant in Crime
No.733/2022 of Chalakudy Police Station.
2. The crime was registered in relation to the death
of the petitioner's mother allegedly due to the criminal
negligence on the part of the doctors at St. James Hospital,
Chalakkudy and Government Medical College Hospital,
Kalamassery. The investigation is now being conducted by
the Deputy Superintendent of Police (DYSP), Chalakudy. The
grievance of the petitioner is that the investigation is not
going in the right direction. According to the petitioner, the
present investigation team, owing to political interference, is
conducting investigation in a biased manner. It is in these
circumstances, the petitioner seeks the intervention of this
Court to hand over the investigation to the CBI.
3. I have heard Sri. Adarsh S., the learned counsel
for the petitioner, Smt. Sreeja V., the learned Senior Public
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W.P.(C) NO.40003 OF 2024
Prosecutor and Sri. Vivek Menon, the learned Standing
Counsel for the 5th respondent.
4. The 8th and 9th respondents have filed a detailed
statement. The statement would show that immediately
after the death of the mother of the petitioner, crime was
registered by the Chalakudy Police Station under Section
304 (A) of the Indian Penal Code. Initially the investigation
was conducted by the DYSP, Chalakudy. Thereafter, the
investigation was handed over to the DYSP, District Crime
Branch, Thrissur Rural. Accordingly, Sri. Shaj Jose C., the
then DYSP, District Crime Branch, Thrissur Rural took up the
investigation on 10.02.2023. The statement would further
show that an expert opinion of the medical panel was sought
by the investigating agency as directed in Jacob Mathew v.
State of Punjab & Another [AIR 2005 SC 3180]. The
Investigating Officer also recorded the statement of the
complainant as well as the doctors and nurses who attended
the deceased during her treatment. Subsequently, Sri. C. R.
Santhosh, the then DYSP of Chalakudy took up the
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W.P.(C) NO.40003 OF 2024
investigation. He also recorded the statement of the
complainant and witnesses and collected all medical
documents from the Chalakudy St. James Hospital and also
from Kalamassery Government Medical College Hospital. It
appears that during the investigation, statements of 44
various staffs from the Kalamassery Government Medical
College Hospital and Chalakudy St. James Hospital were
recorded. Presently, the investigation is being carried out by
the District Crime Branch. It is also revealed from the
records that a request has been forwarded to the Director,
Directorate of Health Services, Thiruvananthapuram for
providing expert opinion in the case and the Director has
furnished the report on 09.09.2024. The statement also
shows that the investigating agency has found that there
was wrongful and negligent act on the part of the doctors
who treated the deceased. All these show that the
investigation is going on in the right direction. It is settled
that the investigation from the State agency can be ordered
to be handed over to the CBI only in rare and exceptional
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W.P.(C) NO.40003 OF 2024
cases. (See Vishal Tiwari v. Union of India & Others
[(2024) 4 SCC 115]). Certainly, this is not such a case.
Hence, I find no reason to hand over the investigation to the
CBI. However, since the petitioner has raised concerns over
the present investigation team, the Superintendent of Police,
Thrissur Rural is directed to supervise the investigation. The
Final Report shall be filed only after getting approval from
the Superintendent of Police, Thrissur Rural.
The Writ Petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
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W.P.(C) NO.40003 OF 2024
APPENDIX OF WP(C) 40003/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE TRANSFER SUMMARY FROM
ST.JAMES HOSPITAL DATED 31-03-2022
Exhibit-P2 TRUE COPY OF THE CT-CHEST REQUEST FORM
DATED 31-03-2022
Exhibit-P3 TRUE COPY OF THE REPORT OF THE CT-CHEST
DATED 01-04-2022
Exhibit-P4 TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE DY.SP CHALAKKUDI DATED 21-04-2022
Exhibit-P5 TRUE COPY OF THE FIRST INFORMATION
REPORT (FIR) DATED 02-08-2022
Exhibit-P6 TRUE COPY OF THE DISTRICT MEDICAL
OFFICER (HEALTH), THRISSUR'S FINDINGS
DATED 12-07-2022
Exhibit-P7 TRUE COPY OF THE REPORT OF ADDITIONAL
DISTRICT MEDICAL OFFICER ERNAKULAM DATED
28-06-2022
Exhibit-P8 TRUE COPY OF THE COMPLAINT TO THE
ASSISTANT COMMISSIONER OF POLICE,
THRIKKAKKARA ON 10-05-2022,
Exhibit-P9 TRUE COPY OF THE COMPLAINT TO THE
ASSISTANT COMMISSIONER OF POLICE,
THRIKKAKKARA ON 21-09-2022
Exhibit-P10 TRUE COPY OF THE COMPLAINT TO THE
ASSISTANT COMMISSIONER OF POLICE,
THRIKKAKKARA ON 15-06-2023
Exhibit-P11 TRUE COPY OF THE ORDER OF KERALA STATE
HUMAN RIGHTS COMMISSION DATED 17-04-2023
Exhibit-P12 TRUE COPY OF THE INQUIRY REPORT OF THE
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W.P.(C) NO.40003 OF 2024
ADDITIONAL DIRECTOR HEALTH SERVICES
(VIGILANCE) DATED 28-03-2023
Exhibit-P13 TRUE COPY OF THE DIRECTION FOR
DISCIPLINARY ACTION BY THE PRINCIPAL
SECRETARY OF THE HEALTH AND FAMILY
WELFARE DEPARTMENT DATED 29-07-2023
Exhibit-P14 TRUE COPY OF THE COMPLAINT TO THE KERALA
STATE MEDICAL COUNCIL ON 03-05-20222
Exhibit-P15 TRUE COPY OF THE COMPLAINT FILED ON
09-08-2023 TO THE STATE POLICE CHIEF
Exhibit-P16 TRUE COPY OF THE RTI APPLICATION TO GMC
KALAMASSERY ON 20-05-2022
Exhibit-P17 TRUE COPY OF THE REPLY FROM THE RTI
APPLICATION TO GMC KALAMASSERY ON
22-06-2022
Exhibit-P18 TRUE COPY OF THE ACP THRIKKARAKA'S
COMMUNICATION WITH THE PETITIONER ON
02-10-2023
Exhibit-P19 TRUE COPY OF THE ACP THRIKKARAKA'S
COMMUNICATION WITH THE PETITIONER ON
17-10-2023
Exhibit-P20 TRUE COPY OF THE COMPLAINT LODGED TO ACP
THRIKKARAKA ON 25-10-2023
Exhibit-P21 CERTIFIED COPY OF THE JUDGMENT DATED
18.01.2024 IN WRIT PETITION (CIVIL) NO.
38137 OF 2023
Exhibit-P22 A TRUE COPY OF THE STATE LEVEL EXPERT
MEDICAL PANEL'S REPORT, SUBMITTED TO
THIS HON'BLE COURT IN WRIT PETITION
(CIVIL) NO. 38137 OF 2023
RESPONDENTS' EXHIBITS: NIL
