Padbanab K B Vs the State of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PENDING PROCEEDINGS IN CC NO. 16881/2021 ON THE FILE OF THE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 R/W 34 OF IPC, YELAHANKA POLICE STATION, IN RESPECT TO PETITIONER IS CONCERNED.

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THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 of the Code of Criminal Procedure, seeking to quash the criminal proceedings initiated against him in C.C.No.16881/2021, on the file of 37^th ACMM, Bengaluru, for the offences punishable under Sections 420 r/w 34 of IPC arising out of Cr.No.116/2021 of Yelahanka P.S.

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In support of the petition, petitioners have contended that the charge sheet filed is erroneous and not sustainable. Petitioner was appointed as lab technician by Karnataka State AIDS Prevention Society and deputed to

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HC-KAR

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Yelahanka General Hospital, for testing AIDS patients in a

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separate lab established by the Society. He had no authority to test COVID-19 patients and he was not trained at any point of time for collecting or sending the swabs in the general lab. There are separate labs for testing AIDS patients. In other labs permanent technicians in the hospital are there who are experts and trained for testing COVID-19 patients.

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2.1 The complainant has taken charge as Additional Administrative Medical Officer and within a day, he has filed the complaint against the petitioner and others without obtaining any permission or authorization to file complaint. There was swab testing facility from COVID-19 affected period i.e., April 2020. There were no similar allegations against the petitioner for the earlier period. Complainant has not filed any complaint against other lab technicians incharge of hospital lab. Since petitioner did not agree to test COVID patients, there was some misunderstanding between him and respondent No.2 and

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HC-KAR

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therefore, he is falsely implicated. Even though similar allegations were made against Punith Kumar, concerned police have dropped him. The allegations does not attract Section 420 IPC and hence, the petition.

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On the other hand, learned High Court Government Pleader representing respondent would submit that complainant is working as Orthopedic Specialist at Government Hospital, Yelahanka since two years. He is appointed as Additional Administrator as per the orders of Medical Officer Dr.Asma Tabassum. Every day 100 samples were collected for RTPCR test in the lab and sent to Commando Hospital and reports were collected. There is a counter as E-hospital for distributing OPD slips. In the said counter, OPD slips were issued to those patients who were having symptoms of COVID and primary contacts.

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3.1 The patients who are issued with such OPD slips are required to go to fever clinic and get entry in the

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HC-KAR

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register maintained in the said clinic and get examined by the Doctor. The Doctor would then direct those patients having COVID symptoms and their primary contacts to the concerned lab for collecting RTPCR swab. The names address and cell numbers of such patients would be entered in the register and SRF ID would be generated and thereafter swab would be collected. A list of persons whose sample were collected would be prepared and along with the list, swabs would be transmitted to the Commando hospital for testing.

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3.2 The work of swab collection and transmitting them to Commando hospital was carried out by K.M.Padmanabha, Punith Kumar, Satish, Lakshmi Shanta,

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who were working on contract basis. Prakash, Ilyas and Venkatesh used to carry the swabs in the ambulance every evening. On the next day, the report of swab testing would be furnished by the Commando hospital through e-mail.

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HC-KAR

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3.3 Off late, complainant suspected that the number of

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swabs sent for testing to the Commando hospital was more than the number of patients visited the concerned lab. Therefore, on 05.05.2021 on verification he found that 110 patients were registered in the E-hospital counter, but 150 swabs were sent to the Commando hospital as per the list. On enquiry he found that the K.M.Padmanabh and Punith Kumar were getting swabs from private labs and send them to the Commando hospital, get the report and furnish the same to the private labs and collected Rs.100/for each report. On 06.05.2021 also, he found Bhavireddy, owner of Standard Diagnostic Centre has also sent some swabs and they were sent to the Commando hospital. He suspect that previously also, the accused persons have done this. Accordingly, he is filing the complaint.

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3.4 Based on the complaint, the concerned police

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have registered case in Cr.No.116/2021 and after conducting detailed investigation have filed charge sheet.

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HC-KAR

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There is prima facie material to proceed against all the accused persons, including the petitioner and pray to dismiss the petition.

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Heard arguments and perused the record.

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Thus, petitioner who is arraigned as accused

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No.1 has challenged his prosecution on the ground that he

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was appointed as Lab technician by the Karnataka State AIDS Prevention Society and he was not trained for testing the COVID-19 patients and that there are separate labs for testing COVID-19 patients.

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On the other hand the complaint averments clearly indicate that during the COVID-19 Pandemic, provision was made for collecting samples from patients having COVID symptoms and their primary contacts for RTCPR Test and sent to the Commando hospital. Petitioner was one among the lab technician who were entrusted with collecting the samples and on verification, it was found that the number of samples forwarded was more

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HC-KAR

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than the number of patients visited and entries were made. Therefore, suspecting foul play, complainant made cross-verification and came to know that the accused persons, including the petitioner were sending samples from COVID-19 patients from private labs and sending them to Commando hospital along with actual samples collected from the Yelahanka General hospital, Bengaluru and after he was convinced about the mischief played by them, he filed the complaint.

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The investigating officer after conducting detailed investigation has filed charge sheet against the accused persons, including the petitioner, which makes out a strong prima facie to proceed against them. The allegations made in the charge sheet are required to be proved in a full fledged trial. The disputed facts cannot be decided in a petition under Section 482 Cr.P.C. In the light of the same, this petition is liable to be rejected and accordingly, the following:

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