Dr. Kailash Chandra Kabra vs State
2022 Latest Caselaw 10626 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 3342/2018

1.      Dr. Kailash Chandra Kabra S/o Ladu Ram Kabra, Aged
        About 58 Years, Through The Manager, Krishna Hospital,
        Devariya Balaji Road, Near Private Bus Stand
2.      Dr. Jaywant Ramesh Akolkar S/o Ramesh B Akolkar, Aged
        About 44 Years, Room No.8, Manav Sewa Sansthan
        Hospital, Sector-8, Rc Vyas Colony
                                                                  ----Petitioners
                                   Versus
1.      State, Through Pp
2.      Ram Swaroop Sen, Office Of Pcpndt Co-Ordinator, Chief
        Medical And Health Officer
                                                                ----Respondents


For Petitioner(s)          :   Mr. Tej Singh
For Respondent(s)          :   Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

17/08/2022

     This petition has been preferred, laying a challenge to order

passed by learned trial court whereby charges have been framed

against the petitioners.

     At the outset, learned Public Prosecutor, while opposing the

petition, relied upon the judgment of Sanghi Brothers (Indore)

Pvt. Ltd. Vs. Sanjay Chaudhary & Ors, reported in 2009 Cr. L.J.

338, wherein the Hon'ble Supreme Court has held that suspicion

about commission of an offence and involvement of the accused

is sufficient to frame charge.

     Taking into consideration narrow scope of interference at this

stage, the overall factual matrix as well as record of the case, no


                    (Downloaded on 18/08/2022 at 08:21:23 PM)
                                                                         (2 of 2)                   [CRLMP-3342/2018]



                                   cause for making any interference is made out. However, the

                                   petitioners shall be at liberty to take up all their legal issues, at

                                   the appropriate stage, before the learned trial court.

                                         The present misc. petition stands disposed of accordingly. All

                                   pending applications also stand disposed of.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

43-Sudheer/-

Powered by TCPDF (www.tcpdf.org)