V SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) - Special leave granted.

(2.) We would have thought it proper to remit the case to the High Court if we were satisfied that the High Court was justified an taking suo motu action. Here is a case in which the members of the public were annoyed with the Doctor as they thought, rightly or wrongly, that the negligence of the doctor was the direct cause of Balan's death. Their wrath turned to the doctor as soon as the, fact of death became known and they entered his dispensary and ransacked it. Otherwise they had nothing against the doctor. They gave vent to their feeling by damaging some articles but no personal harm was caused to anyone. In the circumstances the approach of the subordinate Courts did not demand suo motu intervention. We, therefore, allow this appeal, set aside the order of the High Court and restore the Magistrate's order. Personal Bonds cancelled.