An applicant, a doctor, challenged a notice issued under the Protection of Women from Domestic Violence Act. The Court found the allegations of medical negligence serious and requiring examination, holding no merit in interfering.
Application under Section 482 Cr.P.C. dismissed; no interference with the proceedings.
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C 482 No. 1476 of 2015
Hon’ble Alok Singh, J.
None appears on behalf of the petitioners. Mr. B.S. Thind, Brief Holder for the State of Uttarakhand/ respondent no. 1.
Applicant is a doctor by profession. Respondent no. 2 is wife of younger brother of applicant. Marriage was solemnized between respondent no. 2 and brother of applicant on 18.02.2014. Dispute arose between the couple. Panch and elderly persons of the society tried to resolve the matter between the parties. According to the applicant, matter was settled between the parties amicably but on 20.07.2015, respondent no. 2 filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act. On the said application, learned Magistrate issued notice. Feeling aggrieved, applicant approached this Court.
The allegation against the applicant is that he has prescribed her wrong medicines, as a result of which, her kidney was damaged and consequently, was removed. The allegation levelled against the applicant is serious in nature. The matter requires examination. Therefore, I do not find any merit to interfere in the matter.
Accordingly, application under Section 482 Cr.P.C. fails and is hereby dismissed.
(Alok Singh, J.) 22.11.2019
SKS
1 issue framed by the court
Whether the High Court can interfere under Section 482 Cr.P.C. in an appeal against a notice in a Domestic Violence complaint alleging medical negligence.
2 provisions across 2 enactments
Doctor Applicant
State of Uttarakhand
Wife of Applicant’s Younger Brother
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
