Dismissed

Dr Danish v. State of U.P. and Another

Allahabad HC23 Jul 2024A482/22223/2024

Case brief

AI extract

What is this about?

This judgment disposed of an application under Section 482 Cr.P.C. seeking to quash proceedings for practicing medicine without a certificate under the Indian Medical Council Act. The court held that factual disputes regarding the inspection and the validity of the practitioner's credentials require adjudication by the trial court.

What did the court decide?

Prayer to quash the charge-sheet, cognizance order, and entire criminal proceeding was dismissed.

Dr Danish Vs State of U.P. and Another — Service and Employment | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:120008

¶2

Court No. - 80

¶3

Case :- APPLICATION U/S 482 No. - 22223 of 2024

¶4

Applicant :- Dr Danish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

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

¶7

The instant application has been preferred with the prayer to quash the impugned charge-sheet dated 24.9.2022 along with impugned cognizance order dated 3.12.2022 as well as entire criminal proceeding of Case No.8911 of 2022 titled as State v. Dr. Danish, arising out of Case Crime No.0342 of 2022, under section 15(2), 15(3) of Indian Medical Council Act, registered at Police Station Bilaspur, District Rampur, pending in the court of learned 2nd Additional Chief Judicial Magistrate, Rampur.

¶8

In brief, the prosecution case is that on the complaint of Medical Superintendent, an FIR was lodged with the allegation that on 6.8.2022 at around 14:00, on instruction of Sub Divisional Magistrate an inspection was made at National Poly Clinic and Maternity Centre, wherein the license of the clinic was asked, but the applicant could not produce the medical certificate, and was found treating the patient without formal education of medical science. In essence, the clinic was being run in contravention of the provisions of Indian Medical Council Act, 1956 by the quacks. Therefore, the instant case has been registered against the applicant.

¶9

Learned counsel for the applicant submits that the applicant is a doctor and he has been issued a Practice Certificate from the office of Chief Medical Officer, Rampur. He next submits that the applicant is a BAMS doctor approved by the Board of Ayurvedic and Unani Tibbi Systems of Medicines, Uttar Pradesh, and the clinic was being operated by the applicant strictly in accordance with the provisions of Indian Medical Council Act, 1956. Therefore, warrants indulgence of this Court under section 482 Cr.P.C. for quashing of the charge-sheet.

¶10

Per contra, learned A.G.A. submits that on the direction of S.D.M., a joint inspection team comprising Dr. Manik Agarwal, CMO CHC Bilaspur, Pharmacist Charan Singh, Senior Steno Bhupesh Pandey, Senior X-Ray Technician Arpit Singh found that the applicant was distributing medicines in National Poly Clinic and Maternity Centre, Bilaspur in contravention of section 15(2) & 15(3) of the Indian Medical Council Act, 1956. The applicant was asked to produce the Registration Certificate enabling him to practice medicines and the same was not provided to the team of doctors, and in this regard the statement of Dr. Manik Agarwal, CMO, CHC Bilaspur, Shri Bhupesh Pandey and others were recorded by the police.

¶11

In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking

¶12

vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C.

¶13

On perusal of the statements of Dr. Manik Agarwal and other witnesses forming part of the joint inspection team, it is primafacie revealed that the offence under section 15(2) & 15(3) of the Indian Medical Council Act, 1956 are made out against the applicant.

¶14

The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed .

¶15

Order Date :- 24.7.2024 Anil K. Sharma

¶16

Justice Vinod Diwakar

¶17

Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Dr Danish v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dr Danish v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases