Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26650 of 2018 Petitioner :- Naval Khurana Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Rajeev Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Srivastava, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 11.7.2018, registered as case crime No.331 of 2018, under Sections 302, 201, 279 & 120-B I.P.C., P.s. Nawabad, District Jhansi.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is a doctor having the degree of M.B.B.S, M.S. & M.Ch. and he had conducted the surgery of the deceased, who was brother of the respondent no.3 who died a natural death and his last rites were performed by his family members, but after one year and two months of the incident, the impugned FIR has been lodged by respondent no.3 against the petitioner. He argued that the petitioner had performed the successful surgery of the deceased but later on blood pressure went low for which the petitioner gave required treatment and also did blood transfusion. The petitioner did his best for the deceased but he died subsequently by a natural death. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed. In support of his argument, learned counsel for the petitioner has placed reliance upon the case of Jacob Mathew Vs. State of Punjab and others, (2005) 6 SCC.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018/NS