IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 1356 of 2010(Q) --------------------------------------- PETITIONER(S): ------------------------- ALFONSA, PUTHUVEL VEEDU (TSUNAMI COLONY) ALUMPEEDIKA P.O., OCHIRA, KOLLAM DISTRICT, PIN-690 547. BY ADVS. SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.JAGADEESH. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY. 5. THE SUB INSPECTOR OF POLICE, OCHIRA, KOLLAM DISTRICT. 6. ASALATHA, DR.SUKUMARAN NAIR MEMORIAL HOSPITAL, (RANI HOSPITAL), ALUMPEEDIKA, CLAPPANA P.O., KARUNAGAPPALLY. 7. VIJAYAKUMAR @ VIJAYAN, DR.SUKUMARAN NAIR MEMORIAL HOSPITAL, (RANI HOSPITAL), ALUMPEEDIKA, CLAPPANA PO, KARUNAGAPPALLY. R1 TO R5 BY GOVERNMENT PLEADER SRI. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- WP(C). No.1356 OF 2010 -------------------------------------- Dated this the 7th day of June, 2010 JUDGMENT Petitioner is the wife of one Babu, who died on 27.8.2008 at the age of 38 years while undergoing treatment in Dr.Sukumaran Nair Memorial Hospital (Rani Hospital) at Alumpeedika, Clappana, Karunagappally, where the sixth respondent, Asalatha is a Doctor. She is the daughter of late Dr.Sukumaran Nair. The petitioner would allege that the sixth respondent is practicing Allopathic Medicine even though she is qualified only to practice Homeopathic Medicine. The prayer of the petitioner is to direct the third respondent, the Superintendent of Police, Kollam to constitute a Special Investigation Team headed by an Officer not below the rank of a Deputy Superintendent of Police to conduct the investigation of Crime No.11/2009 of Ochira Police Station, registered for offences punishable under Sections 304 and 420 read with 34 IPC. The above crime came to be registered in pursuance Exhibit P4 private complaint filed by the petitioner. Exhibit P4 complaint filed before the J.F.C.M, Karunagappilly was forwarded to the Sub Inspector, Ochira under Section 156 (3) WP(C). No.1356 OF 2010 : 2 : Cr.P.C resulting in the registration of the aforesaid Crime No.11/09 on 9.1.2009. The petitioner has produced documents to indicate that even though the sixth respondent, Asalatha is qualified to dispense only Homeopathic Medicine, she has been practicing and continues to practice Allopathic Medicine. According to the petitioner not only her husband Babu, but also other patients have been treated by the sixth respondent and in fact at the behest of the third respondent, Superintendent of Police, Kollam, another case has been registered against the sixth respondent as Crime No.113/10 of Ochira Police Station and the investigation of that Crime is presently conducted under the supervision of the Dy.S.P, Karunagappally. 2. The fifth respondent, Sub Inspector of Police, Ochira has filed a statement to the effect that altogether 17 witnesses were questioned by him and their statement have been recorded and that the petitioner's husband was suffering from Kidney failure and weals disease and Jaundice. Although there is an assertion in the said statement that investigation has been going on in the proper direction, the fact remains WP(C). No.1356 OF 2010 : 3 : that no final report has so far been filed in the case. According to the petitioner, the sixth respondent, who is the accused was not even questioned and Annexure P13 FIR will go to indicate that the sixth respondent has been practicing Allopathic Medicine unabated without any fear or hindrance. In view of the fact that the raid in the subsequent case, Crime No.113/10, was conducted by the Dy.S.P, Karunagappally who had thereafter directed the Sub Inspector of Police to conduct the investigation, I am of the view that investigation of this case as well as Crime No.113/10 should be conducted by the Dy.S.P, Karunagappally instead of the Circle Inspector of Police and the Sub Inspector of Police against whom the petitioner has levelled allegations. 3. This writ petition is disposed of directing the Dy.S.P , Karunagappally to conduct investigation of Crime NO.11/09 and 113/10 of Ochira Police Station and to file a final report as expeditiously as possible and at any rate within four months of receipt of a copy of this order. V.RAMKUMAR, JUDGE dmb