Dr. V. Balakrishnan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H Crl.MC.No. 5806 of 2015 () --------------------------- PETITIONER(S):
-------------------------- DR. V. BALAKRISHNAN, S/O.SANKARANKUTTY, SALINI, POOTHOLE THRISSUR.
BY ADV. SRI.MAHESH V.MENON RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. BADHARUNNIZA D/O.KHALEELU RAHMAN, RAYAMMARKKARR HOUSE PERUVALLOR P.O., THRISSUR-682 301.
BY PUBLIC PROSECUTOR SRI. R. GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5806 of 2015 APPENDIX ANNEXURES A1ORDER OF THE FORUM IN CC.609 OF 2012 A2PETITION FILED BY R2 BEFORE THE FORUM A3WARRANT ISSUED BY THE FORUM AGAINST THE PETITIONER TRUE COPY P.S TO JUDGE
RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - Crl.M.C.5806 of 2015 - - - - - - - - - - - - - - - - Dated 21st August, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
1.
The petitioner is before this Court challenging Annexure-A3 warrant issued against him by the District Consumer Disputes Redressal Forum, Ayyanthole, Thrissur, in a proceeding initiated by the 2nd respondent against the Principal, School of Nursing, Metropolitan Health Care Private Ltd, Thrissur. The grievance of the petitioner is that Annexure-A3 warrant u/s 70 of the Cr.P.C r/w 27 of the Consumer Protection Act has been issued as against him.
2.
According to the learned counsel appearing for the petitioner, the petitioner is merely a doctor in the Metropolitan Health Care Private Ltd and he is
Crl.M.C.5806/15 not the Principal of the said institution. The limited prayer of the petitioner is to permit him to appear before the concerned forum so as to convince the forum with regard to the error that has crept in the warrant. According to the learned counsel, the Sub Inspector of police, Town East police station, has been directed to arrest the petitioner and produce him before the forum on 1.9.2015 which is unwarranted. It is to be noticed that the respondent in the case as revealed from Annexure-A1, is the Principal, School of Nursing, Metropolitan Health Care Private Ltd, Thrissur. If that be the case, issuance of Annexure-A3 warrant against the petitioner is not justified, as the petitioner is not the Principal.
3.
In view of the above, Annexure-A3 is quashed. Petitioner can approach the District Consumer
Crl.M.C.5806/15 Disputes Redressal Forum, Ayyanthole, Thrissur, and appraise the Forum the relevant facts. The Forum shall pursue with the execution proceedings as against the respondent in the complaint, in accordance with law.
Crl.M.C is disposed of as above.
Sd/- RAJA VIJAYARAGHAVAN.V.
Judge Mrcs //True Copy//