Kanchan Patel and Another vs State of U.P. and 2 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 4509 of 2026

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Kanchan Patel and another

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.....Petitioner(s)

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Versus State of U.P. and others .....Respondent(s) Counsel for Petitioner(s) : Kunwar Abhishek Singh, Suresh Pratap Singh Counsel for Respondent(s) : G.A. Court No. - 47

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HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J.

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A counter affidavit has been filed by the Chief Medical Officer, Siddharthnagar, which is taken on record.

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In this case, by our order of 28.04.2026, finding the R.K Sewa Hospital prima facie to be a suspect institution, that did not have, on their staff, neither a trained nurse or a doctor, nor a valid registration, we directed the Chief Medical Officer, Siddharthnagar to file his own affidavit, indicating clearly whether the said hospital is duly licensed and has qualified doctors and nurses on their staff to manage a serious medical procedure of the kind they have done. The procedure we have alluded to in our order dated 28.04.2026 and the drastic consequences it led to for the informant's daughter-in-law, who was to deliver a child there.

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In the counter affidavit filed today by the Chief Medical Officer, Siddharthnagar, though there is a formal order issued by the Additional Chief Medical Officer dated 23.09.2025, sealing the R.K. Sewa Hospital, Siddharthnagar but this order, surprisingly, is based on an inquiry report submitted by a committee of three members appointed by the District

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CRLP No. 4509 of 2026

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2

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Magistrate, Siddharthnagar vide Order No. 37 dated 21.09.2025. By his order of 21.09.2025, the District Magistrate has set up a committee chaired by the Additional Chief Medical Officer, a Deputy Collector and an Assistant Professor of some medical college. The licensing, registration etc. or the oversight of nursing homes and regulation of doctors' practicing in any district fall under the control of the Chief Medical Officer of the district. The Chief Medical Officer is himself a District Level Officer, no less than the District Magistrate in rank. He is the highest officer in the Department of Medical Health at the District Headquarters. The District Magistrate is the Revenue Collector of the district and is conferred with certain powers under some special Acts for the convenience of the Government. We had earlier said that the District Magistrate is no plenipotentiary to interfere with functions of other departments, other than the Collectorate and Revenue Establishment, besides those that fall within his authority under the special statutes.

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Let the District Magistrate, Siddharth Nagar show cause, by his own affidavit, his authority to inquire into the affairs of licensing of medical establishments, doctors practicing in the district or malpractices that they are alleged to be indulging in, sitting over the head of the Chief Medical Officer, who is the highest officer of the Department of the Medical Health, as said above. He will further explain by what authority he has constituted a committee to look into such matters with a Deputy Collector, who is a Revenue Officer present there. The Chief Medical Officer functions in a complete hierarchy of officials of the Department of Medical Health, that is to say, the Deputy Director of Medical Health, the Joint Director of Medical Health and the Director of Medical Health, with an independent Secretary of the Department headed by a Minister in the

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CRLP No. 4509 of 2026

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3

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Government. Even otherwise, the Department of Medical Health is a department of the Government, which deals with a matter of expertise.

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The affidavit aforesaid shall be filed on or before 12.05.2026.

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Adjourned to 12.05.2026.

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To be taken up as fresh at 10:00 ante meridiem .

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Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate, has appeared on behalf of the State.

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The Registrar (Compliance) is directed to communicate this order to the District Magistrate, Siddharth Nagar through the learned Chief Judicial Magistrate, Siddharth Nagar within 24 hours next .

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(Tarun Saxena,J.) (J.J. Munir,J.)

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May 7, 2026 I. Batabyal/S.K. Srivastava

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Kanchan Patel and Another v. State of U.P. and 2 Others

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Kanchan Patel and Another v. State of U.P. and 2 Others

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