Dismissed

Dr Vijay Kumar v. State of U.P. and Another

Allahabad HC13 Sept 2024A482/30913/2024

Case brief

AI extract

What is this about?

The court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings and a charge sheet against the applicant for practicing medicine without qualifications, holding that factual disputes require trial court adjudication and no prima facie illegality existed.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed.

Dr Vijay Kumar vs State of U.P. and Another — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:150259

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 30913 of 2024

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Applicant :- Dr Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar 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 AGA for the State-opposite party no.1 and perused the record.

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The instant application has been preferred with the prayer to quash the impugned charge-sheet dated 18.5.2015, cognizance order dated 8.7.2015, and order of non-bailable warrant dated 2.6.2017 as well as entire proceedings of Case No.4822 of 2015, arising out of Case Crime No.179 of 2015 titled as State v. Dr. Vijay Kumar, under sections 336, 420 IPC and section 15(3) of Indian Medical Council Act, 1956, Police Station Nawabganj, District Farrukhabad, pending in the court of Chief Judicial Magistrate, Farrukhabad.

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The applicant's case is that on 01.05.2015 a spot inspection was carried out by the Chief Medical Officer, Farrukhabad, wherein it was found that the applicant was practicing without having any medical degree, and when the team of Doctors reached at the clinic of the applicant, the applicant fled away from the spot. The complainant pasted a notice on the clinic with a direction to furnish his explanation supported by the documents making him entitled to practice till 05.05.2015 before 02:00 p.m. The applicant neither produced any document nor submitted reply to the said notice.

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Learned counsel for the applicant submits that the applicant

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has been falsely implicated in the instant case due to ulterior motive; the applicant never practiced nor he was present at the place of alleged inspection; the applicant has no concern with the said clinic, which was run and managed by one Dr. Ramesh Chandra.

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Per contra, learned AGA has opposed the submissions of learned counsel for the applicant and submits that there are serious allegations against the applicant of treating the patient without any medical qualification. He further submits that the applicant has not replied to the notice issued by the raiding team, and prima-facie, the offence under section 15 of the Indian Medical Council Act, 1956 is attracted qua applicant.

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In the instant matter, the submissions advanced 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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Having heard learned counsel for the parties, and having gone through the record, it's prima facie established that an spot inspection was carried out and a show cause notice was issued to the applicant leveling allegation of cognizable offence, so far

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petitioners arguments are concerned. Prima-facie, the contents of the show cause notice and material collected by the police attracts ingredients of Section 336, 420 IPC and section 15(3) of Indian Medical Council Act, 1956, the same shall be tested during the trial, 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 :- 13.9.2024 Prajapati

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Justice Vinod Diwakar

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Dr Vijay Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dr Vijay Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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