Doctor A. Singh (Arvind Singh) vs State Of U.P. And Another
2017 Latest Caselaw 4812 ALL

Citation : 2017 Latest Caselaw 4812 ALL
Judgement Date : 21 September, 2017

Allahabad High Court

Doctor A. Singh (Arvind Singh) vs State Of U.P. And Another on 21 September, 2017

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 
Case :- APPLICATION U/S 482 No. - 27595 of 2017
 
Applicant :- Doctor A. Singh (Arvind Singh)
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mayank Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is a doctor and he has falsely been implicated in this case. Initially with regard to the alleged incident the O.P. No. 2 has filed an application under section 156(3) Cr.P.C. which was dismissed by the Magistrate concerned vide order dated 20.9.2013. The O.P. No. 2 has preferred a Criminal Revision which was dismissed by the revisional court vide its judgment and order dated 11.11.2013. Thereafter, the O.P. No. 2 has filed a Criminal Misc. Writ Petition No. 17866 of 2014 which was also dismissed by another bench of this court vide order dated 13.10.2014. Thereafter, the O.P. No. 2 has filed this false and frivolous complaint against the applicant. It is further argued that on the application under section 156(3) Cr.P.C. the learned Magistrate has called for report of C.M.O., Kanpur Nagar. Thereafter, a Medical Board was constituted by C.M.O. concerned. In the report of Medical Board no negligence of the applicant has been found. It is further argued that no offence is made out against the applicant. The present prosecution has been instituted only for the purpose of harassment.

Learned A.G.A. has accepted notice on behalf of the State.

Issue notice to the O.P. No. 2 who may file counter affidavit within a period of 3 weeks. Rejoinder affidavit, if any, be filed within one week thereafter.

List thereafter.

Till the next date of listing no coercive action shall be taken against the applicant in Complaint Case No. 5093 of 2015, under section 269, 270, 304-A IPC pending in the court of A.C.M.M.-II, Kanpur Nagar (Adesh Katiyar Vs. Dr. A. Singh and others).

Order Date :- 21.9.2017/Gss