Court rules that private forensic reports cannot sustain criminal prosecution, citing abuse of process in institutional retaliation case.
In a significant ruling, the Karnataka High Court has quashed criminal proceedings against Dr. Somashekar S.P., a prominent oncologist, who faced allegations of forgery and misuse of forged documents. The court's decision, delivered by Justice M. Nagaprasanna, underscores the necessity of relying on forensic examinations conducted by authorized government laboratories, rather than private entities, to substantiate criminal charges.
The case arose after Manipal Hospital lodged a complaint against Dr. Somashekar, accusing him of forging a signature on an experience certificate following his departure to join Aster DM Healthcare as Director of Oncology Services. Despite an initial investigation resulting in a 'B' report—indicating no material to prosecute—the Magistrate took cognizance based solely on a private forensic report, which led to the issuance of summons against Dr. Somashekar.
Justice Nagaprasanna emphasized that criminal proceedings cannot be used as an instrument of retaliation or personal vendettas, particularly when allegations are founded on improbable grounds and institutional resentment. The judgment draws attention to the misuse of criminal law as a tool for settling scores, a principle reiterated from the landmark case of State of Haryana v. Bhajan Lal.
The court highlighted the absurdity of the allegations, noting the petitioner's distinguished career and lack of necessity to forge any documents. It was observed that the complaint was more an instance of institutional displeasure than criminality, with the timing and nature of the allegations suggesting an attempt to deter Dr. Somashekar from moving to a competing hospital.
In conclusion, the court quashed the entire proceedings, affirming that the criminal justice system must not serve as a forum for personal or institutional grievances. The judgment serves as a reminder of the sanctity of criminal law, cautioning against its invocation for settling scores or personal animosity.
Bottom line:-
Criminal proceedings initiated based on private forensic reports are unsustainable, as forensic examination must be conducted by authorized government laboratories. Abuse of criminal process cannot be permitted to settle institutional resentment or personal vendettas.
Statutory provision(s): Indian Penal Code Sections 465, 471
Dr. Somashekar S.P. v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2935830
