IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4908 OF 2019 BETWEEN:
SMT. MEENAKSHI SHANTHIGODU W/O BABU AGED 43 YEARS RESIDENT OF ALAKE HOUSE SHANTHIGODU VILLAGE PUTTUR TALUK-574 202 DAKSHINA KANNADA DISTRICT ... PETITIONER (BY SHRI. M. VINOD KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER WOMEN POLICE STATION PUTTUR DAKSHINA KANNADA-574 201 REPRESENTED BY S.P.P., HIGH COURT BUILDING BANGALORE-560 001 2. DR. ARCHANA W/O ESHWARA MURALI PARLADKA HOUSE PARLADKA VILALGE PUTTUR TALUK DAKSHINA KANNADA-574 202 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE INVESTIGATION IN CRIME NO.11/2019 OF THE WOMEN POLICE STATION, PUTTUR SUB DIVISION, DAKSHINA KANNADA PENDING ON THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JUDICIAL MAGISTRATE FIRST CLASS, PUTTUR, FOR THE OFFENCE P/U/S.353 OF IPC AND SECTION 4 OF KARNATAKA PROHIBITION OF VIOLENCE AGAINST THE MEDICARE SERVICE PERSONNEL AND DAMAGE TO PROPERTY IN MEDICARE SERVICE INSTITUTIONS ACT 2009.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondent No.2, a Doctor working in Government Hospital has registered FIR No.11/2019 on 01.07.2019 in Dakshina Kannada Women Police Station alleging commission of offences punishable under Section 4 of The Karnataka Prohibition of Violence against Medicare service personnel and Damage to Property in Medicare Service Institutions Act, 2009 (“The Act” for short) and Section 353 of IPC. Feeling aggrieved by registration of FIR, petitioner has presented this petition.
2. Shri M. Vinod Kumar, learned advocate for the petitioner urged following grounds;
that Prohibition of Violence against Medicare service personnel and Damage to Property in Medicare Service Institutions Act, 2009, is a statute to prohibit any damages to the property in the hospital;
that petitioner is the president of Zilla Panchayat and she is entitle to visit any hospital. Accordingly, she has visited the hospital to inspect the facilities and the treatment given; and that the complaint allegations are all false.
Accordingly, he prays for allowing this petition and to quash criminal proceedings against the petitioner.
3. Shri K. Nageshwarappa, learned HCGP argued in support of the FIR.
4. I have carefully considered the submissions of learned advocate for the petitioner, learned HCGP and perused the records.
5. A careful perusal of the complaint discloses specific overt-acts against the petitioner. It is stated in the complaint that the entire incident has been videographed and posted in the social media. In the light of specific allegations against the petitioner, this Court cannot record any finding and interject the investigation. Resultantly, this petition fails and it is accordingly dismissed.
6. In view of dismissal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV