K.A. HASHMIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed to quash all further proceedings in C.C. No. 544/2017 on the file of the Judicial First Class Magistrate Court, Nilambur.

(2.) The petitioner is a dentist by profession. A crime was registered against him by the Edakkara Police as Crime No. 189/2017, alleging the offence punishable under Sec. 338 of IPC. The petitioner is running a dental clinic at Edakkara under the name and style Aysha Multispeciality Dental Clinic. The said dental clinic was set up by him in the year 2014. The 2nd respondent is the de facto complainant. Admittedly, she was a patient of the petitioner. The petitioner treated her on 11/7/2017 at 12.50 pm. She came with complaint of pain on her left upper back tooth region. According to the prosecution, the petitioner wrongfully extracted a healthy tooth instead of the decayed one of the 2nd respondent. It is alleged that the said act of the petitioner is a gross negligence falling under Sec. 338 of IPC. After investigation, the final report was filed. In the final report, apart from Sec. 338 of IPC, Sec. 232 of Kerala Panchayath Raj Act was also incorporated. It is alleged that the petitioner conducted the dental clinic without obtaining D and O licence.

(3.) The petitioner seeks to quash the final report mainly on the ground that it is submitted in violation of the directions issued by the Apex Court in Jacob Mathew v. State of Punjab (2005(3) KLT 965) and of this Court in Suvarna v. Dr. Renil Philip and others (2014(1) KHC 112).