SUNDARESWARAN K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed by accused Nos.1 to 3 in Crime No.1424 of 2018 of Thampanoor Police Station, for quashing the proceedings in C.C No.259 of 2019 on the files of Judicial First Class Magistrate Court-III, Thiruvananthapuram, invoking the inherent jurisdiction of this Court under Sec. 482 of Cr.P.C.

(2.) The allegation against the petitioners is that, they being the Manager and employees of Anderson Diagnostics and Labs, which is running without any Municipal licence, fraudulently collected the blood samples of the de facto complainant and his wife, and issued a faulty result, and when the de facto complainant questioned them, the 1st accused criminally intimidated him. Thus they are alleged to have committed the offences punishable under Ss. 420, 506 read with Sec. 34 of IPC and Sec. 442 read with Sec. 543 of the Kerala Municipal Act.

(3.) According to the petitioners, they are the employees of the Thiruvananthapuram Branch of Anderson Diagnostics and Labs, having its registered office at Chennai. The doctor who was treating the de facto complainant and his wife for infertility referred them for blood test and the 2nd accused collected blood sample, and sent it for test to the Chennai Lab. Out of the five test results, one was found to be reactive and it was duly informed to the de facto complainant. The de facto complainant collected the test result on 25/8/2018, and as instructed by the petitioners and the doctor concerned, a confirmatory test was conducted in another lab. In that test, the result showed non-reactive. Due to that fact, the de facto complainant manhandled the petitioners on 31/8/2018 and demanded compensation for the mistake in the test result. Since they were not amenable, after a delay of about four weeks, he lodged a complaint before the Thampanoor Police Station on the basis of which, a crime was registered and investigated, and finally, final report was filed against the petitioners for the offences mentioned above.