AI Structured Summary
Not yet generated for this judgment
Judgment
Sophy Thomas, J
This petition has been filed by the sole accused in Crime No.487/2014 of Cantonment Police Station, Thiruvananthapuram, to quash Annexure-A1 final report in Crime No.487/2014, registered for an offence punishable under 420 of the Indian Penal Code.
The allegation against the petitioner is that he being the Managing Director of Health Care Diagnostic centre, Panavila, Thaycad, conducted medical examination of respondents 2 to 4, who were desirous of going abroad seeking employment, received fees but failed to issue the certificate, saying that they failed to qualify the test. Moreover, his institution had no site approval certificate issued from Radiological Safety Department and he was not keeping qualified employees in his office. The respondents 3 and 4 settled the matter with the petitioner, and now, only the 2nd respondent is opposing the Crl.M.C, along with the State, represented by the Public Prosecutor.
The petitioner has no case that he was not subjected to medical examination in Health Care Diagnostic centre, after receiving the prescribed fees. The final report is to the effect that the certificate was not issued, saying that he was found unfit in the medial examination. The 161 statement of witnesses in the final report will show that, after the medical examination, certificate was issued, showing them unfit.
The learned counsel for the 2nd respondent would say that the medical certificate, after examining the 2nd respondent was uploaded, showing that he was having TPHA which according to him is a test for syphilis. Anyhow, after receiving the fees the medical examination was conducted and the certificate was issued from the Health Care Diagnostic Centre, in which the petitioner is the Managing Director. There is an allegation that his institution was not having proper license, proper certificates and qualified staff, and even if it is so, proper Authorities have to take action against that institution for violation of rules and procedures if any. But an offence under Section 420 IPC is not attracted, on the facts alleged.
So the Crl.M.C is allowed, quashing the final report in C.C.No.358 of 2018 of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, based on Crime No.487/2014 of Contonment Police Station, Thiruvananthapuram. The petitioner is discharged and he is set at liberty.