The court affirms that the absence of substantiated evidence justifies the dismissal of claims under relevant criminal provisions.

O R D E R

Aggrieved by the dismissal under Section 203 Cr.P.C, of a complaint filed by the petitioner before the Judicial First Class Magistrate Court, Kunnamangalam, he has filed this revision before this Court.

2. The allegations in the complaint are summarised as follows:

The complainant was working as Maintenance Supervisor at MIMS Hospital, Kozhikode, where the accused officiated as Managing Director. During that period, he was administered with low doses of poison in the food and beverages being served through the canteen of that hospital. Though the complainant preferred complaints before the Executive Director and Managing Director of the hospital, they did not take any action. On 22.12.2004, the complainant fell unconscious after drinking the tea supplied from the canteen of that hospital. The urine sample analysis of the complainant done at Amrita Institute of Medical Sciences and Research, Kochi on 23.12.2004 revealed a slight positive presence of lead. On 30.05.2005, a show cause notice was issued to the complainant by the MIMS Hospital alleging unauthorised sale of G.I sheet. It was further alleged that the complainant habitually left the establishment early before office hours. Pursuant to the enquiry conducted in connection with the above allegations, the complainant was expelled from service. Forged attendance book and other documents were relied on for the purpose of the aforesaid enquiry. The accused, who is the Managing Director of MIMS Hospital, had alleged that the complainant is a thief and mental patient. The complainant, while working at Fathima Hospital, Kozhikode, had formed a labour union with sixty other staff members against the harassment of the management of that hospital, which paved the way for his dismissal along with other staff from that hospital. Thereafter, the Managing Director of Fathima Hospital had been trying to endanger the life of the complainant by hiring goondas.

3. In the enquiry conducted under Section 202 Cr.P.C, the sworn statement of the complainant was recorded, and 18 documents were marked as Exts.P1 to P18. After considering the above records, the learned Magistrate found that there were no sufficient grounds to proceed against the accused in connection with the offences under Sections 307 , 499, 500, 465, 469, 471 and 120B I.P.C alleged in the complaint. It is the aforesaid order dated 16.12.2019, which is under challenge in this revision.

4. Heard the revision petitioner who appeared as party-in-person, the learned counsel for the first respondent, and the learned Public Prosecutor representing the State of Kerala.

5. As regards the allegation of administration of gradual and slow poisoning done by the accused through the food and beverages served to the complainant through the canteen of the hospital run by the accused, there are only vague and superficial indictments, except for an incident said to have happened on 22.12.2004. According to the complainant, the tea which was served to him through the hospital canteen on 22.12.2004, contained poison deliberately added by the hospital staff. The complainant is said to have fallen unconscious after consuming the above tea. According to the complainant, he was taken to the MIMS hospital itself after falling unconscious, but no effective treatment was done. With regard to the above incident, nothing has been brought on record except the sworn statement of the complainant. According to the complainant, he had undergone blood and urine test at Amrita Institute of Medical Sciences and Research, Kochi on 23.12.2004 to detect the toxin content which reached his body. Annexure-V toxicology report sheet is relied on by the complainant to show that