Heard learned counsel for the applicant, Sri Ranjit Singh, Advocate, who has put in appearance on behalf opposite party No.2 and the learned A.G.A. for the State.
The present 482, Cr.P.C. application has been filed for quashing the proceedings of case No. 1447 of 2009 ( Case crime No. 48 of 2009) under Sections 338/34, 420, 467, 468, 471, 323 and 506 IPC, P.S. George Town, District Allahabad pending before the Additional Chief Judicial Magistrate, Court No.4, Allahabad.
It is contended by the learned counsel for the applicant that there is no negligence on the part of the applicant/ doctor. He is the doctor of repute and has falsely been implicated at the behest of opposite party No.2. Learned counsel for the applicant further contended that even as per the medical report of the Medical Board, no negligence has been committed on behalf of the applicant. In support of his contention, learned counsel for the applicant has relied upon the judgment of the Apex Court in 2005 SCC (Cri) 1369 [ Jacob Mathew V State of Punjab and another].
It is further contended by the learned counsel of the applicant that co- accused Rajeev Tonk, against whom charge sheet was submitted, has been granted interim order by this Court vide order dated 9th December 2009 in Criminal Misc. Application No. 31972 of 2009, copy of which is produced before this Court, which is taken on record.
Learned A.G.A. prays for and is granted four weeks time for filing counter affidavit. Opposite party No.2 may also file counter affidavit within the said period. As prayed by learned counsel for the applicant, one week thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing further proceedings of aforesaid case shall be kept in abeyance.
Order Date :- 14.6.2010 Rkb