Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16711 of 2019 Petitioner :- Deepak Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rajesh Dwivedi, learned counsel for the petitioner and Shri Vimal Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 2.6.2019 registered as case crime no. 0280 of 2019 under sections 420, 304-A, I.P.C. and Section 15(2) of Indian Medical Council Act, 1956, police station Akbarpur, District Kanpur Dehat.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. According to FIR, it has been mentioned by respondent No.3 (Informant) that the Anjali Hospital, which had been sealed on account of death of a lady during pregnancy and having given birth to a child, in the said hospital the accused-petitioner was running the activities of nursing home. Respondent No.3 has found the said activity of the petitioner to be against the provisions of Section 15(2) of Indian Medical Council Act, 1956. No lady had died during child birth in the nursing home being run by the petitioner.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. (Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 14.6.2019 T. Sinha