Dismissed

Imran v. State of U.P. and Another

Allahabad HC26 Jul 2024A482/23931/2024

Case brief

AI extract

What is this about?

The Court dismissed an application under Section 482 Cr.P.C. seeking quashing of prosecution proceedings. The applicant claimed lack of independent evidence, while the State alleged illegal medical practices. The Court held factual disputes preclude interim interference and found prima facie evidence of violation of medical rules.

What did the court decide?

Application under Section 482 Cr.P.C. to quash charge-sheet, summoning order, and proceedings dismissed.

Imran vs State of U.P. and Another — Medical Negligence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:127725

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 23931 of 2024

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Applicant :- Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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

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The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 01.01.2024 and summoning order dated 29.03.2024 as well as entire proceeding of Criminal Case No.1038 of 2024, titled as State v. Jakir & Ors, Case Crime No. 257 of 2023, under Sections 175, 176, 420 IPC and Section 15(3) of Indian Medical Council Act, P.S. Saroonpur, District Meerut, pending in the court of learned Judicial Magistrate, Sardhana, Meerut.

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Learned counsel for the applicant submits that the applicant was working as an employee at Bharat Health Care, Binauli Road, Harra, District Meerut and his name has been figured in the confessional statement and except confessional statement, no other evidence has come during the investigation. Learned counsel further states that no public witness has been examined. The Investigating Officer has only recorded the statement of informantHealth Inspector, Head Constable and Sub Inspector. No other statement of independent witness has been made by the Investigating Officer during investigation.

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Per-contra , learned A.G.A. has opposed the application and submits that the applicant is a quack and running an illegal hospital in the name of Bharat Health Care and on spot inspection by Chief Medical Officer, the applicant's hospital was raided and it was revealed during raid that with the help of untrained staff the delivery of ladies was being conducted in violation of Indian Medical Council Act, 1956, therefore, no case for quashing of impugned proceedings is made out.

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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 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.

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Perusal of record and on examination of document placed before the Court, its prima-facie established that a spot inspection was carried out by the Chief Medical Officer and it was found that with the help of untrained staff the delivery of ladies were being conducted in hospital of applicant in violation of Indian Medical Council Act, 1956, therefore, no case for quashing of impugned proceedings is made out.

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

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Order Date :- 6.8.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Imran v. State of U.P. and Another

Case brief

What is this about?

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Imran v. State of U.P. and Another

Case brief

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