Dismissed

Jairam Maurya v. State of U.P.and Another

Allahabad HC3 Mar 2022A482/26911/2021

Case brief

AI extract

What is this about?

This order dismisses an application to quash a charge-sheet and cognizance regarding illegal medical practice. The court held that a certificate issued after the incident (2021) did not validate the applicant's status at the relevant time (2018), finding no merit in the application.

What did the court decide?

Charge-sheet dated 8.7.2018 and cognizance order dated 19.8.2019 not quashed; application dismissed.

Jairam Maurya Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 26911 of 2021

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Applicant :- Jairam Maurya Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ram Prasad Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application U/s 482 Cr.P.C. has been filed to quash the charge-sheet dated 8.7.2018 and cognizance order dated 19.8.2019 as well as entire criminal proceedings of Case No. 3068 of 2019 (State Vs. Jairam Maurya) arising out of Case Crime No. 0149 of 2018, under section 15(3) Indian Medical Council Act, 1956 and Section 419, 420 IPC, P.S. Dubauliya, District Basti.

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An FIR against the applicant was lodged on 30.6.2018 alleging therein that on 18.6.2018 at 3:30 p.m. Dr. C.L. Kannaujiya, Additional Chief Medical Officer, Basti made a surprise inspection of Dubauliya Bazar, Basti and found that one Jairam Maurya was practicing profession of doctor without any valid degree. On demand of medical degree he could not produce any authorization to practice as a doctor.

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The submission of learned counsel for the applicant is that applicant is a regular practitioner and he bears certificate no. BH06717 which was issued on 24.7.2021 from Homeopathy Medicine Centre Board, Lucknow as well as form 20. It is further contended that it is a social work as well as to maintain the livelihood and to treat the poor persons. On complaint of a jealous person raid was conducted. The applicant is not guilty. He has not committed any offence. No proper medical certificate was called from him and without seeing of the certificate the FIR was lodged with intention to extract money from the applicant. The entire story narrated by the O.P. No. 2 is a bundle of lie which can not be relied upon.

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The main ground of the applicant is that he has a valied certificate issued from Homeopathy Medicine Centre Board, Lucknow but it bears the date 24.6.2021 while the incident is of 8.7.2018. The applicant has failed to show any valid certificate authorizing him to practice as a doctor at the relevant time i.e. the date of FIR.

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After investigation on credible evidence the charge-sheet has been submitted and learned Magistrate being satisfied on it has taken cognizance. There is no sufficient ground to quash the charge-sheet or the cognizance order.

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The application U/s 482 Cr.P.C. lacks merit and is hereby dismissed.

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However, it is directed that if the applicant applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Order Date :- 3.3.2022 Masarrat

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Digitally signed by MASARRAT HUSAIN Date: 2022.03.03 17:05:27 IST Reason: Location: High Court of Judicature at Allahabad

Jairam Maurya v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Jairam Maurya v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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