The High Court under Article 227 quashed impugned orders sealing the petitioner's shop. Directed that the shop and assets be released to the owner and unaffected tenant within one month, dismissing the state's objection.
Impugned orders quashed; shop released to petitioner-Karan Singh; assets to Dr. Arun Diwakar within one month.
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Court No. - 67
Case :- MATTERS UNDER ARTICLE 227 No. - 722 of 2022
Petitioner :- Karan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Nath Singh,Vipin Gangwar Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Shri Manverndra Nath Singh, learned counsel for the petitioner, learned Additional Government Advocate are present.
This criminal misc. petition under Article 227 of the Constitution of India has been filed with a prayer for quashing of the order impugned dated 18.11.2021 passed by the Revisional Court/Sessions Judge, Pillibhit in Criminal Revision No. 38 of 2021 in Re: Karan Singh vs. State of U.P. as well as orders dated 8.2.2021 and 7.4.2021 passed by the Chief Judicial Magistrate, Pillibhit rejecting the release application filed by the petitioner in Criminal Case No. 4782 of 2021 in Re: State vs. Arun Diwakar.
Contention raised by the counsel is that the petitioner-Karan Singh is the owner of the shop in question situated in the district Pillibhit. On 4.7.2020 an agreement was arrived at between petitioner Karan Singh and one Brahma Avtar Jaiswal giving the shop on rent only for the period of eleven months having details 10 x 8 square feet situated at Holi Chauraha Amariya district Pillibhit.
Further contention raised by the counsel for the petitioner is that on 24.9.2020 a raid was conducted by Dr. Lokesh Kumar, Superintendent/ Incharge Medical OfÏcer, Community Health Centre, Amariya, and consequently, an F.I.R. was registered as Case Crime No. 251 of 2020, under Section 15(3) of the Indian Medical Council Act, 1956 against Dr. Arun Diwakar. It has come out from the F.I.R. that Dr. Arun Diwakar was running the aforesaid clinic, though he is a quack and
having no recognized degree from any medical institution. Consequently, the shop was sealed and he was put for the prosecution under Section 15 (3) of the Indian Medical Council Act. Dr. Arun Diwakar is facing a prosecution and during this period the rent agreement was also expired, and thereafter, a release application was moved by the owner of the shop, namely, Karan Singh (petitioner) for the release of that shop.
The Chief Judicial Magistrate, concerned vide orders dated 8.2.2021 and 7.4.2021 was rejected the said applications and when both the orders were challenged before the learned revisional court having criminal revision No. 38 of 2021., the learned revisional court too has put the seal of approval and afÏrmed the order of learned Chief Judicial Magistrate, Pillibhit. Hence, this criminal misc petition under Article 227 of the Constitution of India.
During the pendency of the release application, a report was sought from the police station Amariya, Pillibhit and the concerned Station House OfÏcer has given a report on 17.3.2021 specifically mentioning therein that Karan Singh (petitioner) is not facing any criminal trial and Dr. Arun Diwakar is facing a prosecution, in which charge sheet has been submitted having No. 214 of 2020. The petitioner-Karan Singh is the legal owner of the shop in question and having no concern with the said clinic, except the rent. Since there is a sealing of the shop in question, it is detriment to the interest of the revisionist.
I have heard leaned counsel for the revisionist and learned A.G.A. at length.
From the police report, it is clear that the petitioner is not facing any criminal case and he is the owner of the shop in question. He has no concern with the alleged running of the clinic by the quack, and therefore, there is no illegal impediment in releasing the shop in his favour.
Under the circumstances, it is directed that the shop in question be unsealed and the property, fitting and fixtures afÏxed to such shop as well as
medical equipments and medicines etc. shall be handed over to Dr. Arun Diwakar (tenant) and the shop in question shall be released in favour of the petitioner-Karan Singh within a period of one month from the date of production of certified copy of the order.
Accordingly, Impugned orders dated 18.11.2021 passed by the Sessions Judge, Pillibhit in Criminal Revision No. 38 of 2021 (CNR No. UPPB010018312021) (Karan Singh vs. State of U.P.) arising out of orders dated 8.2.2021 and 7.4.2021 passed by the Chief Judicial Magistrate, Pilibhit in Case No. 4782 of 2021 (State vs. Arun Diwakar @ Arun Kumar) arising out of Case Crime No. 251 of 2020, under Section 15 (3) of Indian Medical Council Act, police station Amaria, district Pillibhit, are hereby quashed and the shop in question is hereby released in favour of the petitioner.
Accordingly, the criminal revision is allowed.
Order Date :- 13.4.2022 Sumaira
Digitally signed by SUMAIRA AQUIL Date: 2022.04.20 16:25:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether under Article 227 the High Court can quash orders impeding the release of a petitioner's shop sealed due to a tenant's medical practice proceedings.
2 provisions across 2 enactments
Karan Singh
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
