Applicants sought quashing of charge-sheet and proceedings for employing a doctor with a fake registration certificate. Court found prima facie offence under Section 120-B IPC and Section 15(2) Indian Medical Council Act made out; fact-finding left to trial court.
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Neutral Citation No. - 2024:AHC:125347
Court No. - 80
Case :- APPLICATION U/S 482 No. - 8841 of 2024
Applicant :- Smt Anita Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar,Sayujya Singh Counsel for Opposite Party :- G.A.,Sayujya Singh
Hon'ble Vinod Diwakar,J.
submitted that a complaint was registered by one Vinod Nirwal son of Suresh Pal Singh on 08.07.2022 in the office of Chief Medical Officer, Baghpat. Pursuant to the receipt of complaint, an inquiry was conducted by the Chief Medical Officer and thereafter on verification he found that Dr. Harendra Pal Singh is a quack and working in applicant's hospital on fake registration certificate. He further submits that the doctor was having fake degree and out of the income from the treatment of patients, the owner of the hospital have also been benefited, therefore, ingredients of Section 120-B is made out against the applicants. Upon inquiry by the court regarding the role of applicant No. 2, it was revealed that she neither possesses a medical degree nor has expertise in running a hospital. It appears that the hospital was solely established by non professionals for the purpose of generating revenue by illegal means.
was found that the co-accused Harendra Pal Singh, who was appointed on the basis of fake registration certificate, was treating the patients and applicants were involved in extracting illegal gain by providing employment to a quack. Keeping in view the aforesaid facts, offence under Section under Section 120-B IPC and Section 15(2) of Indian Medical Council Act, 1956, is made out against the applicants, therefore, no case for quashing of impugned proceedings is made out.
Order Date :- 5.8.2024 A. Tripathi
Justice Vinod Diwakar
Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge-sheet and criminal proceedings for Section 120-B IPC and Section 15(2) of the Indian Medical Council Act should be quashed under Section 482 Cr.P.C.
3 provisions across 3 enactments
Smt Anita Sharma
Anita Sharma's co-applicant
State of U.P.
Vinod Diwakar
As recorded by the court registry
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