Dismissed

Hem Singh v. State of U.P. and Another

Allahabad HC29 Jun 2021A482/4123/2021

Case brief

AI extract

What is this about?

In this Application under Section 482 Cr.P.C., the applicant sought to quash criminal proceedings alleging fake medical practice. The court rejected the plea, holding that no case for quashment is made out after thorough investigation and reliance on Supreme Court precedents regarding quackery.

What did the court decide?

Application under Section 482 Cr.P.C. for quashing the criminal proceedings was dismissed.

Hem Singh Vs State of U.P. and Another — Medical Negligence | Allahabad HC (2021)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 4123 of 2021

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Applicant :- Hem Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Mahendra Singh, learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 17771 of 2020 (State vs. Dr. Hem Singh) arising out of Case Crime No. 286 of 2019, under Section 15(3) Indian Medical Council Act and 420 I.P.C., Police Station- Musajhag, District- Budaun, pending in the court of Chief Judicial Magistrate, Budaun and charge-sheet dated 20.11.2019 and cognizance order dated 21.12.2020 passed by Chief Judicial Magistrate, Budaun.

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Sri Singh, learned counsel for the applicant submitted that the applicant is owner of the milk dairy and was granted certificate of registration by the Department of Food Safety and Drug Administration, Government of U.P. on 03.03.2019. The licence was valid for three years. Copy of the licence has been brought on record as Annexure-7 to the application.

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It is further contended that due to the election of village panchayat which was going to be held, the applicant has been falsely implicated in the present case by ruling party on the behest of the District Magistrate. It is further submitted that the applicant is neither running any medical shop nor is a medical practitioner and is only doing business of dairy from the shop.

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Refuting the argument of learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A. submitted that on the instance of Chief Medical Officer, Badaun, a report was sought from one medical officer, Dr. Pawan Kumar, who submitted list of 67 fake medical practitioners, practicing medicine in C.H.C. Jagat, Budaun. A First Information Report was lodged by Chief Medical Officer, Budaun on 27.09.2019 wherein the name of the applicant finds place at Serial No. 67. Sri Srivastava next submitted that I.O. after recording statement of certain villagers who had underwent treatment at the hands of applicant submitted report before the court concerned who took cognizance in the matter.

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Having heard learned counsel for the parties and perusing the material on record, I find that no case for interference is made out as after thorough investigation the police has submitted charge-sheet on which the court below had taken cognizance. It is no doubt true that in the State of U.P. quacks in the name of medical practitioner are running small dispensaries at various places in villages and tehsils giving medical treatment to innocent villagers and residents of the States, whose lives are put to risk at their hands. The Apex Court in the case of Parbatbhai Aahir vs. State of Gujarat, 2017 (9) SCC 641 and State of M.P. vs. Laxmi Narayan and others, 2019 (5) SCC 688 had categorically held that the courts should desist from interfering in quashing the charge-sheet, where the offence is of serious nature and effects society at large.

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No case for quashing the proceedings of Criminal Case No. 17771 of 2020 (State vs. Dr. Hem Singh) arising out of Case Crime No. 286 of 2019, under Section 15(3) Indian Medical Council Act and 420 I.P.C., Police Station- Musajhag, DistrictBudaun, pending in the court of Chief Judicial Magistrate, Budaun is made out.

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The application under Sections 482 Cr.P.C. is dismissed.

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Order Date :- 29.6.2021 V.S.Singh

Hem Singh v. State of U.P. and Another

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Hem Singh v. State of U.P. and Another

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