IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3263 of 2011() --------------------------------- (CC.65/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA_ .................... PETITIONER/2ND ACCUSED: ---------------------------------------- DR.RAJEEV KUMAR R., PRESENTLY WORKING AS CONSULTANT SURGEON, GOVERNMENT DISTRICT MODEL HOSPITAL, PEROORKKADA, THIRUVANANTHAPURAM. BY ADVS. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE SRI.A.RAJASIMHAN RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL. Crl.MC.No. 3263 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: TRUE COPY OF THE FIRST INFORMATION STATEMENT. ANNEXURE 2: TRUE COPY OF THE REPORT. ANNEXURE 3: TRUE COPY OF FINAL REPORT SUBMITTED BY POLICE BEFORE C.J.M. PATHANAMTHITTA. ANNEXURE 4: TRUE COPY OF APPEAL PETITION. ANNEXURE 5: TRUE COPY OF REPORT OF APEX COMMITTEE. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// PA TO JUDGE SCL. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C No.3263 of 2011 ---------------------------------------------------- Dated this the 4th day of October, 2011 ORDER The petitioner is the second accused in C.C No.65/2010 of Chief Judicial Magistrate Court, Pathanamthitta. The charge sheet was laid against the petitioner alleging offences under Section 304(A) IPC. As against the findings of the expert Committee (District Medical Board) the petitioner preferred appeal before the Apex Body. Annexure 5 is the report of the Apex Body. In Annexure 5 it was reported by the Apex Body that Dr.Rajeev Kumar(petitioner herein) after examining the patient found that the condition of the patient is bad, he immediately referred the patient to a higher centre for better management, i.e., to Medical College Hospital, Kottayam. Analysing those aspects the final opinion given by the Apext Body is as follows: "There was no negligence on the part of Dr.Rajeev Kumar, Assistant Surgeon in giving proper management t Jolly, the deceased." In the light of the said findings it is not possible to ho ld that the petitioner herein was negligent so as to be Crl.M.C No.3263/2011 2 prosecuted for the offences under Section 304 A IPC. Hence, further proceedings as against this petitioner in CC No.65/2010 of CJM, Pathanamthitta stands quashed. It is made clear that this order will not in any way affect the case as against the first accused in that case. Sd/- N.K. BALAKRISHNAN, JUDGE jma //true copy// P.A to Judge