Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2518 of 2021 Petitioner :- Dr. Vandana Chaudhry Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pratik J. Nagar Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Pratik J. Nagar, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A.
At this stage we would like to observe that in respect to the first information report no.0062 of 2021 which is filed against the petitioner, Dr. Vandana Chaudhry Sharma, wife of Dr. Salil Sharma, the police shall take opinion of the medical experts in the field and they would follow what can be said the direction given by the Hon'ble Apex Court in the case of Jacob Mathew Vs. State of Punjab and another, reported in 2005 (6) SCC, 1 and if at the end of proper investigation in the light of the judgment of the Apex Court, negligence of the doctor is found that would only be a basis for further steps to be taken in the matter.
With this observation, we direct the learned counsel for the petitioner to withdraw this petition at this stage. It goes without saying that we have not gone into the merits of the matter.
We seek light from the decision of one of us (Hon'ble Ajit Singh, J.) exercising the jurisdiction under Section 482 Cr.P.C. in Application No.5434 of 2020 (Dr.Bhawna Tomar Vs. State of U.P. and another, decided on 06.02.2020) and the guidelines given therein shall also be followed by the investigating agency in letter and spirit. The police will take help of the medical experts while submitting the police report.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.5.2021 R./