Court No. - 48
Case :- APPLICATION U/S 482 No. - 1631 of 2019 Applicant :- Dev Anand Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Krishna Dutt Mishra,Jagat Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This Application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 2.2.2018 passed by the Chief Metropolitan Magistrate, Kanpur Nagar in complaint case no. 21460 of 2017 (Dev Anand Vs. Dr. Vinam and others), Police Station Swaroop Nagar, district Kanpur Nagar. Further prayer has been made to stay the effect and operation of the aforesaid order.
This application is disposed of at this stage itself without issuing notice to the opposite party no. 2 to 4 after hearing learned counsel for the applicant and learned A.G.A.
Submission of the learned counsel for the applicant is that complaint was filed by the applicant against the opposite party no. 2 to 4 for their negligence in medical treatment. After recording statement of the witnesses produced by the complainant without passing any summoning order concerned Magistrate summoned the Doctors who had medically examined the deceased to record evidence under Section 202 Cr.P.C. It was also argued that opposite party no. 2 to 4. who are accused in the complaint have medically examined the deceased. Allegations are levelled against them. Thus the order passed by the concerned Magistrate on 2.2.2018 is illegal.
Having regard to the facts and circumstances of the case, hearing the parties the application is disposed of with the direction to the applicant to move proper application ventilating all the facts within 15 days from today before the concerned Magistrate. In turn the concerned Magistrate is hereby directed to consider the issue raised by the applicant and to pass appropriate order in accordance with law.
In view of the aforesaid, the order dated 2.2.2018 passed by the Chief Metropolitan Magistrate, Kanpur Nagar in complaint case no. 21460 of 2017 (Dev Anand Vs. Dr. Vinam and others), Police Station Swaroop Nagar, district Kanpur Nagar is set aside.
The application is disposed of with the aforesaid direction.
Order Date :- 21.1.2019 Sachdeva