Allowed

Dr. Vijay Kumar Goswami v. The State Of Bihar

Patna HC5 Jul 2017CR. MISC./32275/2014

Case brief

AI extract

What is this about?

The Patna High Court allowed the quashing petition. The court held that the allegations in the present FIR did not make out a prima facie case for offence under Sections 341, 353, 504 and 506 IPC. Consequently, the impugned order of cognizance dated 19.05.2014 was set aside.

What did the court decide?

The order of cognizance dated 19.05.2014 passed by the Judicial Magistrate, 1st Class, Chapra in Garkha P.S. Case No.141/2013 is set aside.

Dr. Vijay Kumar Goswami Vs The State Of Bihar — Medical Negligence | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32275 of 2014

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Arising Out of PS.Case No. -141 Year- 2013 Thana -GARKHA District- SARAN

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======================================================

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Dr. Vijay Kumar Goswami, Son of Late Shivendra Narayan Giri, resident of village Sant Gulabnagar, Rathaur Tola, P.S. Chapra Mufassil, District Saran.

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The State of Bihar ===============	====	.... .... Versus .... .... Oppo ============================	Petitioner site Parties =======
Appearance :
For the Petitioner	:	Mr. Y.V. Giri, Senior Advocate Mr. Vikas Ratan Bharti, Advocate
For the State ===============	: ====	Mr. Anuj Kumar Srivastava, APP ============================	=======
CORAM: HONOU ORAL ORDER	RABL	E MR. JUSTICE ARUN KUMAR

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The petitioner has challenged the order taking cognizance dated 19.05.2014, passed by Judicial Magistrate, 1^st Class, Chapra in Garkha P.S. Case No.141/2013 (G.R. No.3866/13) whereby he has taken cognizance of the offence under Sections 341, 353, 504 and 506 of the Indian Penal Code.

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2 05-07-2017

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Learned counsel for the petitioner submits that the allegations levelled in the complaint do not constitute any offence. The petitioner is a practicing doctor. One attendant of the patient earlier lodged a case against this petitioner vide Garkha P.S. Case No.140 of 2013 relating to same episode, in the said case the informant-a police officer is said to have reached to the clinic of the petitioner to pacify the matter. In the earlier case, the police after investigation finding the allegation not true submitted final form, while that case was being supervised the superior police authority

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Patna High Court Cr.Misc. No.32275 of 2014 (2) dt.05-07-2017

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suspended this informant-police officer for being extra jealous in prosecuting the petitioner.

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The allegation is that the doctor asked the informant to go out of his clinic and threatened him to assault.

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The learned APP submits that there is no illegality in

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the order.

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Having considered the rival submissions and on perusal of record, it appears that the dispute for which the present informant arrived at the clinic of the petitioner, that case was found false by police after investigation so submitted final form and in the present case allegation against the petitioner is that he asked the petitioner to go out of his clinic. The allegation levelled in the First Information Report even taken in entirety do not make out a prima facie case of Section 353 of the Indian Penal Code and other sections hence criminal proceeding in the present case including the order of cognizance dated 19.05.2014, passed by learned Judicial Magistrate, 1^st Class, Chapra in Garkha P.S. Case No.141/2013 (G.R. No.3866/13) is set aside.

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The quashing petition stands allowed.

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(Arun Kumar, J.)

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S.Kumar/-

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U T

Dr. Vijay Kumar Goswami v. The State Of Bihar

Case brief

What is this about?

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Dr. Vijay Kumar Goswami v. The State Of Bihar

Case brief

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