BEENA BAHULEYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C.No.846/2017 on the file of the Judicial First Class Magistrate Court-I, Kozhikode. The above case is taken on file by the learned Magistrate based on Annexure-A1 report submitted by the Sub Inspector of Police, Chevayur. The offence alleged against the petitioner is under Sec. 166B of the Indian Penal Code (for short, IPC).

(2.) The allegation against the petitioner is that, when the girl was brought for examination, the petitioner, who was a doctor, expressed her unwillingness to examine the child and also abused and insulted the victim, her mother, and police officers who escorted the victim, all in the presence of other patients. It was also alleged that the petitioner sent back the victim and others without properly examining her. Moreover, she did not issue a medical certificate to the victim, as a result of which the police officers were constrained to produce the juvenile girl before the Magistrate without a medical certificate. Since the Magistrate insisted that the police personnel produce a medical certificate, they had to return to the Medical College Hospital again, and by the time they reached there around 8:30 pm, the petitioner had left the hospital. The police officers informed the Medical College authorities of the seriousness of the situation, and as a result, the certificate was issued by another doctor at 11:20 pm. Hence, it is alleged that the accused committed the offence under Sec. 166B IPC. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petitioner.

(3.) Heard the Senior Counsel Sri.Shyam Padman, assisted by his retaining counsel, for the petitioner. I also heard the learned Senior Public Prosecutor.