Kerala High Court
Dr.Kannan V.A vs The State Of Kerala on 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944
CRL.M.APPL.NO.1/2022 IN CRL.MC NO. 5832 OF 2022
CC 142/2022 OF CHIEF JUDICIAL MAGISTRATE , ALAPPUZHA
PETITIONER/3rd ACCUSED:
DR.KANNAN V.A. AGED 40 YEARS DR.KANNAN V.A., MEDICAL OFFICER,
MANNACHERY PRIMARY HEALTH CENTRE, AVALOOKKUNNU P.O., ALAPPUZHA
DISTRICT. 688006
RESPONDENTS/STATE AND COMPLAINANT:
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, , PIN - 682031
2. KALADHARAN V S AGED 60 YEARS A/O MADHAVAN, RESIDING AT POKKALAYIL
HOUSE, WEST OF KOMALAPURAM, ARYAD PANCHAYAT., ALAPPUZHA 688009
Petition praying that in the circumstances stated therein the High
Court be pleased to stay all further proceedings in C.C.No.142/2022 on
the files of Judicial First Class Magistrate , Alappuzha pending disposal
of the Criminal Miscellaneous Case.
This petition coming on for Admission upon perusing the petition
and upon hearing the arguments of Mr.R..RAJASEKHANAN PILLAI advocate
for the petitioner, and the PUBLIC PROSECUTOR for the 1st Respondent,
the court passed the following :
P.T.O.
ZIYAD RAHMAN A.A., J.
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Crl.M.C.No.5832 of 2022
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Dated this the 25th day of August, 2022
ORDER
Admit.
The learned Public Prosecutor takes notice for the 1 st respondent. Issue notice to the 2nd respondents. Crl.M.A No. 1 of 2022
The petitioner is a Medical Officer in a Government Health Centre. He is accused of the offences under Sections 506, 120B, 34 of IPC, Section 118(c), (d) 120(b) and 121 of the Kerala Police Act, Section 6, 15 and 25 of the Epidemic Diseases (Amendment) Act, 2020 and also under Section 6, 15 and 25 of the Environment (Protection) act, 1986.
2. The basic allegation against the petitioner is pertaining to certain public announcements made in connection with the Covid-19 Pandemic. The case of the petitioner is that, the complaint submitted by the 2nd respondent does not disclose any offences as alleged. Moreover, it is also highlighted that the cognizance was taken without sanction under Section 197 of Cr.P.C.
3. On perusal of the records, I find a prima facie case in Crl.M.C No. 5832 of 2022 2 favour of the petitioner. Therefore, there shall be an interim order staying all further proceedings against the petitioner in C.C No. 142/2022 on the file of the Chief Judicial Magistrate Court, Alappuzha for a period of four months.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk 25-08-2022 /True Copy/ Assistant Registrar