Court No. - 2
Case :- APPLICATION U/S 482 No. - 22640 of 2019
Applicant :- Mahboob Alam
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Gunjan Dwivedi,Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant and Sri V.K. Pandey, learned A.G.A. for the State.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding as well as charge sheet dated 21.02.2019 of Case No. 327 of 2019, State Vs Mahboob Alam arising out of Case Crime No. 0287 of 2018 under Sections 420 I.P.C., Sections 15, 17 of Indian Medical Council Act 1956 and Section 30 United Province Medical Act 1917, Police Station Padari, District Mirzapur pending in the court of F.T.C. (S.D.) Mirzapur.
The contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated; applicant has a degree of Bachelor of Science in Medical Laboratory Technology from Chaudhary Charan Singh University, Meerut; there is no cogent evidence against him. He is running a blood collection centre at Aditya Diagnostic Centre, Lanka, Varanasi. Except this, there is no illegality attributed to him. He has no criminal history, therefore, charge-sheet requires to be quashed. Learned counsel for the applicant further stated that if proceedings are allowed to continue, that would amount to an abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing.
As per F.I.R., O.P. No.2 , Deputy C.M.O. who is informant of this case had conducted enquiry and had found that the pathology being run by the applicant is not registered, hence violation of Sections 17 and Section 15 of Indian Medical Council Act, 1956 and Section 30 of United Province Medical Act, 1917 had been made. The offence under Section 420 I.P.C. is also alleged to have been committed by him. The police after investigation has filed charge-sheet against the applicant under Section 482 Cr.P.C. The evidence which has been gathered by the I.O. cannot be scrutinized in the proceedings under Section 482 Cr.P.C.
The arguments which are made by the learned counsel for the applicant are related to factual aspect which cannot be seen at this stage in the proceeding under Section 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicant appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 14.6.2019
A. Mandhani