HC Quashes Case Against Kozhikode Medical College Assistant Professor accused of refusing to examine girl

Kochi: In a significant ruling, the Kerala High Court has quashed the case against Dr Beena Bahuleyan, an assistant professor at Kozhikode Medical College, who had been accused of refusing to examine a 17-year-old girl involved in a missing person case.

The court’s decision came after Beena filed a petition to dismiss the charges against her. The case dates back to September 2016 when a 17-year-old girl went missing and was found after seven days near the Super Specialty Block of Kozhikode Medical College. She was taken to the gynaecology department for a medical check-up, but it was alleged that Dr Beena refused to examine the girl.

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According to the recent media report by TOI, the prosecution alleged that Beena expressed unwillingness to conduct the examination, leading to the girl being produced before the magistrate without a medical certificate. When the magistrate insisted on the certificate, the police had to return to the hospital to get the document.

As a result, the magistrate issued a case under Section 166B of the Indian Penal Code (IPC), which deals with the treatment of a victim, based on a police report. The case alleged that Dr Beena’s refusal to perform the examination violated the law. Dr Beena then approached the High Court, seeking to quash the charges. 

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However, Dr Beena claimed that she had examined the girl but was called to the emergency operation theatre for another critical case. By the time she returned, both the police and the girl had left the hospital. Beena further argued that the charge under Section 166B of the IPC was not applicable in this case, as the law specifically pertains to situations involving victims of sexual assault, which was not relevant in this instance.

After reviewing the police report on the incident, the court directed the Director of Health Services to conduct an inquiry into the matter and take appropriate action based on the findings. Additionally, the court instructed the State Police Chief to investigate the allegations made by Dr Beena against K.K. Biju, the then Circle Inspector of the Chevayur police station.