Allahabad High Court
Pradeep Chauhan And Anothers vs State Of U.P. And Anothers on 11 May, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- APPLICATION U/S 482 No. - 28009 of 2021
Applicant :- Pradeep Chauhan And Anothers
Opposite Party :- State Of U.P. And Anothers
Counsel for Applicant :- Kripa Shanker Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Kripa Shanker Pandey, learned counsel for the applicants, Sri Jhamman Ram, learned AGA for the State and perused the record of the case.
By way of present application, applicants made a prayer to quash the order dated 24.08.2021 passed by Judicial Magistrate, Shamli arising out of Case Crime No. 332 of 2021 (Pradeep Chauhan Vs. Dr. Iklesh Chauhan), under Section 156(3) Cr.P.C.
Learned counsel for the applicants submitted that learned Magistrate wrongly dismissed the application moved under Section 156(3) Cr.P.C. although the application moved by applicants prima facie discloses a cognizable offence against opposite party no.2 Dr. Iklesh Chauhan. He further submitted that Dr. Chauhan is not a qualified doctor and due to his negligence the wife of the applicant suffered a lot and therefore, it was a fit case in which a direction under Section 156(3) Cr.P.C. for registration of the FIR against the opposite party no.2 should be given.
Per contra, learned AGA submitted that the impugned order dated 24.08.2021 is a detailed and reasoned order and while passing the order, learned Magistrate has also relied on the judgment of Apex Court in case of Jacob Mathew Vs. State of Punjab and another, in which it is specifically observed that a private complaint may not be entertained against a doctor unless and until the complainant produced prima facie evidence before the Court in support of charge of rashness or negligence on the part of the accused doctor and as no such document was filed by the applicants along with his application moved under Section 156(3) Cr.P.C., therefore, learned Magistrate rightly dismissed his application.
I have heard both the parties and perused the record of the case. Perusal of 156(3) Cr.P.C. application dated 11.08.2021 moved by the applicant no.1 shows that applicant no.2, who is wife of applicant no.1 had to admit in the hospital of opposite party no. 2, who is doctor and due to his negligent treatment applicant no.2 suffered a lot and in the application there is also an allegation that opposite party no.2 is not a qualified doctor. Perusal of the impugned order dated 24.08.2021 shows that while passing the order, learned Magistrate relied upon the judgment of the Apex Court in Jacob Mathew (supra), in which, it is specifically observed by the Supreme Court that criminal proceedings should not be initiated against a doctor merely on the basis of allegation unless and until there is document on record, which shows that there was a negligent and rashness on the part of the accused doctor. Admittedly, in the present case applicants failed to provide any such documentary evidence along with his application under Section 156(3) Cr.P.C. therefore, in my view there is no illegality in the order dated 24.08.2021 therefore, present application is dismissed.
Order Date :- 11.5.2022
AK Pandey
