2025:KER:29546 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 3RD DAY OF APRIL 2025/13TH CHAITHRA, 1947 CRL.MC NO. 10975 OF 2024 PETITIONER/ACCUSED NO.1: KOSHY ALEX AGED 46 YEARS, S/O ALEX P MATHEW, PANDALAYIL HOUSE, KIZHAKKETHERUVU P.O, KOTTARAKARA, KOLLAM DISTRICT, PIN - 691531 BY ADVS. P.T.SHEEJISH S.RAJEEV(K/000249/1993) RESPONDENTS/STATE, COMPLAINANTS & ACCUSED 2-4: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682031 2 DISTRICT MEDICAL OFFICER ALAPPUZHA CHUNGAM, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688011 3 DISTRICT APPROPRIATE AUTHORITY ALAPPUZHA, UNDER THE PRECONCEPTION AND PRENATAL DIAGNOSTIC TECHNIQUE (PROHIBITION OF SEX SELECTION) ACT, REPRESENTED BY ITS CHAIRMAN, ALAPPUZHA TOWN, ALAPPUZHA DISTRICT, PIN - 688011 4 DR KEERTHI S KRISHNA KRIPA, SRA 38 A, KURISADI, JUNCTION, NAALAMCHIRA PO, THIRUVANANTHAPURAM, PIN - 695015 CRL.MC NO. 10975 OF 2024 2 2025:KER:29546 5 DR SUKAINA BEGUM MIDAS SCANS AND LABS’ LABORATORY HEALTH CARE, NEAR ALAPPUZHA GENERAL HOSPITAL, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001 6 MANOJ PRABHAKAR 270/3/108 B5, NEW FAIRLAND, MG ROAD, SALEM, TAMIL NADU, PIN - 636016 SRI. M.C.ASHI, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 10975 OF 2024 3 2025:KER:29546 O R D E R Dated this the 3rd day of April, 2025 This Crl.M.C is closed as infructuous in view of the pendency of Crl.M.C No.651 of 2025. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 10975 OF 2024 4 2025:KER:29546 APPENDIX OF CRL.MC 10975/2024 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE LETTER OF AFFILIATION ISSUED TO THE PETITIONER’S FIRM ‘MIDAS SCANS AND LABS’ BY THE INDIAN MEDICAL ASSOCIATION, DATED 26.09.2016, ANNEXURE A2 A TRUE COPY OF THE OFFER LETTER ISSUED TO DR. MANOJ PRABHAKAR, DATED 01.05.2023, ANNEXURE A3 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO DR. MANOJ PRABHAKAR, DATED 18.10.2022 ANNEXURE A4 A TRUE COPY OF THE CERTIFICATE ISSUED TO MRS. KEEETHY S., DATED 03.12.2018 ANNEXURE A5 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO DR. JUSTIN JOSE, DATED 02.07.2012 ANNEXURE A6 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO DR. SUKINA BEGUM, DATED 10.03.2023 ANNEXURE A7 A TRUE COPY OF THE REGISTRATION OF OPERATION CERTIFICATE ISSUED FOR THE FUNCTIONING OF ORTHO X-RAY EQUIPMENT, DATED 16.08.2022, ANNEXURE A8 A TRUE COPY OF THE REGISTRATION OF OPERATION CERTIFICATE ISSUED FOR THE FUNCTIONING OF X- RAY EQUIPMENT, DATED 16.08.2022 ANNEXURE A9 A TRUE COPY OF THE REGISTRATION OF OPERATION CERTIFICATE ISSUED FOR THE FUNCTIONING OF ORTHO X-RAY EQUIPMENT, DATED 16.08.2022 ANNEXURE A10 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT MEDICAL OFFICER TO THE PETITIONER’S FIRM, DATED 16.12.2022 CRL.MC NO. 10975 OF 2024 5 2025:KER:29546 ANNEXURE A11 A TRUE COPY OF THE LETTER OF APPRECIATION ISSUED BY THE KERALA POLICE TO THE PETITIONER’S MIDAS SCAN IN JANUARY 2023 ANNEXURE A12 A TRUE COPY OF THE CERTIFICATE OF IFTE AND OS LICENSE ISSUED TO THE PETITIONER’S FIRM ‘MIDAS SCANS AND LABS’, DATED 01.04.2024 ANNEXURE A13 A TRUE COPY OF THE LICENSE ISSUED BY THE ATOMIC ENERGY REGULATORY BOARD, DATED 17.04.2024 ANNEXURE A14 A TRUE COPY OF THE MEDICAL SCANNING REPORT ISSUED TO MRS. SURUMI, DATED 29.03.2024 ANNEXURE A15 A TRUE COPY OF THE MEDICAL SCANNING REPORT ISSUED TO MRS. SURUMI, DATED 15.04.2024 ANNEXURE A16 A TRUE COPY OF THE MEDICAL SCANNING REPORT ISSUED TO MRS. SURUMI, DATED 10.05.2024 ANNEXURE A17 TRUE COPY OF THE MAHAZAR ISSUED BY THE DISTRICT MEDICAL OFFICER, DATED 30.11.2024, ANNEXURE A18 A TRUE COPY OF THE MEDICAL REPORT PUBLISHED BY DR. SRIVIDHYA SANKARAN, DATED 22.09.2022 ANNEXURE A19 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 02.12.2024 ANNEXURE A20 TRUE COPY OF THE SCREENSHORT OF THE CCTV FOOTAGE ON THE OCCASION OF ANNEXURE A17 WHICH SHOWS DR. MANOJ PRABHAKAR WAS PRESENT AT THE LABORATORY ANNEXURE A21 A TRUE COPY OF FORM F DOCUMENTS MAINTAINED BY THE PETITIONER FROM NOVEMBER 30, 2023, TO NOVEMBER 29, 2024 ANNEXURE A22 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE RESPONDENTS DATED 06.12.2024 CRL.MC NO. 10975 OF 2024 6 2025:KER:29546 ANNEXURE A23 A TRUE COPY OF THE OCCURRENCE REPORT NO. C4- 4571/22 (B2/5181/2/2024), SUBMITTED BY THE DISTRICT MEDICAL OFFICER BEFORE THE JURISDICTIONAL MAGISTRATE ON 03.12.2024 ANNEXURE A24 A TRUE COPY OF THE INTERIM APPLICATION FILED BEFORE THE JURISDICTIONAL MAGISTRATE FOR THE RELEASE OF THE PETITIONER’S SCANNING EQUIPMENT AND OTHER DEVICES