The Division Bench of Allahabad High Court comprising of Justices Dr. Kaushal Jayendra Thaker and Justice Ajit Singh while granting protection from arrest has expounded that all the judges of the District Courts should be more careful and restrain themselves from passing such orders which may bring disrepute to the judicial system in the State.
Background of the case:-
In the present case, the Petitioner, Dr. Hargovind Singh, who is Chief Medical Officer and is running vaccination services during this pandemic of Covid-19, has been made victim of criminal proceedings arising out of the impugned FIR ,in which it was alleged that Petitioner has issued false medical certificate to an MLA so that the MLA may avoid physical appearance before the Court in connection with a criminal case lodged against him.
Petitioners Submissions:-
The Petitioner has approached the court with payer to pass appropriate order to quash the impugned First Information Report registered against him under section 120-B, 420, 465, 467, 468, 471 IPC at Police Station - Kotwali, Khalilabad, District - Sant Kabir Nagar, so far it relates to the petitioner, in the interest of justice.
The petitioner has submitted before the court that FIR was lodged under judicial order without knowing much about the genuineness of the medical certificate issued by the petitioner.
It has further contended by the petitioner that the petitioner/CMO was not the treating doctor, he had only given the certificate to the accused M.L.A. and the report is on the website of the U.P. Government which could have been very well verified by the learned judge.
Findings of Court:
The Court has observed that,
The Registrar General had already issued directions to all the judicial officers throughout the State of Uttar Pradesh for not insisting on personal appearance of the accused or parties in the wake of Covid-19 pandemic, still the accused M.L.A. was summoned but he sent a report that he had tested corona positive, which was not relied upon by the Trial Judge and considering that report to be false without any basis, instead ordered for registering an FIR against the petitioner/Chief Medical Officer.
Order of the Court:
In the view of above mentioned facts and records the court while granting stay to the proceedings against petitioner has said that,
“We request the learned Registrar General of this Court to remind the concerned judicial officer to abide by the guidelines of this High Court on Covid-19 pandemic in passing such orders in future. Further, the learned Registrar General of this Court shall communicate to all the judges of the District Courts throughout the State of U.P. to be more careful during this pandemic and restrain themselves from passing such orders which may bring disrepute to the judicial system in the State more particularly during this ongoing period of pandemic.”
The Court has further ordered that,
“As we have already stayed the proceedings, the petitioner Dr. Hargovind shall not be coercively dealt with and shall not be arrested during this interregnum period in the present case.”
The Court has listed the present matter in month of July, more particularly 1st of July, 2021 for next hearing.
Case details:
Case :- CRIMINAL MISC. WRIT PETITION No. - 3543 of 2021
Petitioner :- Dr. Hargovind Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Romeshwari Prasad, Kaushalendra Nath Singh
Counsel for Respondent :- G.A.
Bench: Justices Dr. Kaushal Jayendra Thaker and Justice Ajit Singh
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