ARSHAD SIDDIQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.