Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37270 of 2018 Petitioner :- Himanshu Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Vajpeyi,Praveen Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Praveen Kumar Singh, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 03.12.2018 registered as Case Crime No. 1363 of 2018, under Sections 120-B, 384, 500 & 506 I.P.C., Police Station- Cantt.. District- Varanasi.
In the F.I.R. in substance the allegation has been made that the informant Dr. Yashwant Singh is Chairman of Bharat Hospital and Research Centre at U.P. College, Mahaveer Mandir Road, Sarsauli Bhojuveer, Varanasi. In this hospital, operation of one Rambha Devi was made and she was cured. Due to septicemia her kidney was removed but she is making a false representation in the hospital in collusion with the petitioner.
Counsel for the petitioner submits that F.I.R. disclosed the cognizable offence and it is not liable to be quashed. However, it is further contended that patient Rambha Devi herself lodged F.I.R. registered as Case Crime No. 1277/2018, Police Station- Cantt. District Varanasi on 14.11.2018 against the Dr. Yashwant surgeon that while doing the operation, her kidney has been removed. The petitioner is running an N.G.O. and he has merely helped her in lodging the F.I.R. The retaliation of the F.I.R. of Case Crime No. 1277/2018, the present F.I.R. has been lodged to mount pressure upon the petitioner.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 1363 of 2018, under Sections 120-B, 384, 500 & 506 I.P.C., Police Station- Cantt. District- Varanasi till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 Sharad/-