K.Rajagopalan vs Regha, W/O. Haridas - 2025 Supreme(Ker) 2006

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ker) 2006

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath,J
K.Rajagopalan – Appellant
Versus
Regha, W/O. Haridas – Respondent

Advocates:
Advocate Appeared:
For the Appellant : ADV K.P.BALAGOPAL
For the Respondent: ADV SRI.UNNI SEBASTIAN KAPPEN, SRI.E.C.BINEESH-PP

Table of Content
1. criminal revision challenges trial court order based on medical negligence allegations. (Para 1 , 2 , 3 , 4)
2. arguments presented regarding lack of prima facie case against petitioner. (Para 5 , 7)
3. court's analysis focused on the distinction between medical negligence and culpable homicide. (Para 6 , 8)
4. determining knowledge and intent in context of ipc section 304. (Para 9 , 10)

ORDER :

KAUSER EDAPPAGATH, J.

This criminal revision petition has been filed challenging the order passed by the Assistant Sessions Court (Addl.), Palakkad (for short, 'the trial court') in Crl.M.P. No.101 of 2016 in S.C. No.375 of 2015, dismissing the petition for discharge filed under Section 227 of the Cr.P.C.

2. The revision petitioner is the accused, and the 1^st respondent is the de facto complainant in S.C. No.375 of 2015 pending before the trial court. The offence alleged against him is under Section 304 of IPC.

3. The petitioner is a doctor by profession. In 2012, the petitioner was working as a visiting doctor at the Kerala Nursing Home in Palakkad. On 08.05.2012, the petitioner performed surgery on a child, namely Athira, the 10-year-old daughter of the 1^st respondent, for