A government doctor sought quashing of an FIR over issuance of fake age and fitness certificates. The court noted his name was not in the FIR but departmental enquiry and suspension suggested prima facie involvement; it declined to quash and dismissed the petition.
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NC: 2024:KHC:2355 CRL.P No. 3855 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 3855 OF 2023
BETWEEN:
DR. MAHESH SINGH AGED ABOUT 48 YEARS, S/O. SATHYANARAYANA SINGH, WORKING AS ORTHOPEDIC SURGEON AND CHIEF MEDICAL OFFICER, GOVERNMENT HOSPITAL, MADHUGIRI, TUMKUR DISTRICT - 572 132. PERMANENTLY R/AT NEAR ANJANEYA TEMPLY, SONNENAHALLI, SIR M V THIRD BLOCK, BENGALURU SOUTH - 560 056.
…PETITIONER
(BY SRI. S. VICTOR MANOHARAN, ADVOCATE)
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
AND:
NC: 2024:KHC:2355 CRL.P No. 3855 of 2023
MADHUGIRI TALUK,
TUMAKURU DISTRICT - 572 132.
…RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH,HCGP FOR R1; SRI. S. UMAPATHI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.193 OF 2022 FILED BY MADHUGIRI POLICE STATION, TUMKURU DISTRICT, PENDING BEFORE THE PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT AT MADHUGIRI, FOR OFFENCE P/U/S 406, 408, 409, 417, 420, 465, 468 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-unknown accused No.2 under Section 482 of Cr.P.C. for quashing FIR in Crime No.193/2022 registered by Madhugiri Police Station, Tumakuru, for the offences punishable under Sections 406, 408, 409, 417, 420, 465, 468 read with Section 34 of IPC.
NC: 2024:KHC:2355 CRL.P No. 3855 of 2023
alleged that the complainant is the resident of Madhugiri. He came to know through one mediator that the government doctors working in Madhugiri Government Hospital are issuing the fake age certificate and physical fitness certificate without examining the patients or the persons. Based upon the said complaint, the police started investigation against Rajanna and unknown doctors working in Madhugiri Government hospital. Feeling aggrieved by the FIR, the petitioner is before this court.
NC: 2024:KHC:2355 CRL.P No. 3855 of 2023
person. Considering the same, the matter requires investigation. Hence, the case is made out against the petitioner. Such being the case, the question of quashing the FIR does not arise. If charge sheet is filed, the petitioner is at liberty to challenge the charge sheet.
is dismissed.
Sd/JUDGE
CS List No.: 1 Sl No.: 60 CT:SK
1 issue framed by the court
Should the FIR against the petitioner for issuing fake medical certificates be quashed at the investigation stage under Section 482 Cr.P.C.?
3 provisions across 2 enactments
Dr. Mahesh Singh
The State of Karnataka by Madhugiri Police Station
Mr. Mahesh
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
