Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23496 of 2018 Petitioner :- Rizwan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioner has filed a supplementary affidavit today in Court, which is taken on record.
Heard Sri J.P.Mishra, 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 20.8.2018, registered as case crime No.945 of 2018, under Sections 147, 148, 323, 304, 506 I.P.C., P.S. Kotwali Nagar, District Muzaffarnagar.
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 submits that the petitioner is a M.B.B.S., M.S. doctor and he has obtained the said degree from Aligarh Muslim University, he is enrolled in the Medical Council and is having registration No.23928MCJUP, but the said fact could not be incorporated in the writ petition as well as in the supplementary affidavit. He further submits that the petitioner is operating the Diwan Nursing Home Near Sujadu Chungi, P.S. Kotwali Nagar, District Muzaffarnagar since 1997. He further submitted that petitioner has not committed any negligency against the patient, namely, Arshad and after seeing the critical condition, advised to consult the G.B. Panth Hospital but the family of the deceased had not consulted the G.B. Panth doctor within time, hence, the deceased died. The allegations 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 by this Court.
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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 28.8.2018/NS