Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3698 of 2019 Petitioner :- Chand Alias Kunwar Nasim Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the F.I.R. dated 04.12.2018 registered as Case Crime No. 923 of 2018, under Sections 376, 511, 354 (Kha), 323, 324, 325, 120-B, 504, 506 & 34 I.P.C., Police Station Medical College, District Meerut.
The allegation in the impugned F.I.R. is that the victim, Kajal Saini w/o Sri Deep Chand Singh, was admitted in a hospital and was boarding in Room No. 102, which was on the 1st floor of the hospital. It is alleged that while she was admitted, the petitioner, who was a compounder in the hospital, at about 3.00 P.M. came and inform the victim's family members that they were being called by the doctor on the ground floor. It is alleged that when the family members proceeded to the ground floor, the petitioner entered the room of the victim, latched it from inside and tried to outrage her modesty whereupon the victim raised alarm and the family members of the vicitm rushed to her room and, in the meantime petitioner effected his escape. It is alleged that when the family members placed their grievances before the hospital administration they were threatened and assaulted by the hospital administration. It is also alleged that the incident has been captured in the C.C.T.V. footage of the hospital.
The impugned F.I.R. has been challenged by the petitioner on the ground that the F.I.R. is highly belated and has been lodged through an application under Section 156(3) Cr.P.C. and it appears that there was dispute between the hospital and the victim in respect of payment of hospital charges and, therefore, false allegations have been levelled.
On 06.03.2019, after noticing the submissions of the learned counsel for the petitioner, following order was passed:-
"Sri Rajesh Mishra, learned AGA appearing for the State informed the Court that instructions has been received in the matter alongwith C.D. which contains C.C.T.V. Footage, however, the said file was assigned to Sri R.K. Maurya, learned A.G.A., who unfortunately has died under unfortunate circumstances.
In the circumstances, learned AGA seeks time to verify the C.C.T.V. Footage and file an appropriate counter affidavit before this Court.
As prayed, list this case on 01.04.2019 before the appropriate Court.
In the meantime the learned AGA may file counter affidavit elaborating therein as to whether the C.C.T.V. Footage, exculpate or inculpate the petitioner.
The interim order shall continue till the next date of listing, but in case the police has finally submitted a report under Section 173(2) Cr.P.C., the present interim order will not be given effect to."
Pursuant to the order dated 06.03.2019, the Sub Inspector of Police Station Medical College, Meerut has filed a counter affidavit. In paragraph no. 4 of the counter affidavit it is stated that from the C.C.T.V. footage obtained from the hospital it appears that the petitioner had gone towards the room of the victim at about 15:53:01 and then came out after 40 seconds at about 15:53:45 and then again went towards the room of the victim at 15:54:16 and came out within a minute at 15:55:01 and then again he went inside the room at 15:47:08 and came out at 15:52:16.
It is not the case of the petitioner in the petition that the petitioner was acting as a nurse and supervising the treatment of the victim and, therefore, had entered the room of the victim.
Under the circumstances, no case to quash the impugned F.I.R. is made out.
The petition is dismissed with liberty to apply for bail, if so advised.
Order Date :- 29.4.2019 Vibha Singh