Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16075 of 2019 Petitioner :- Suvir Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Nigam,A.K. Mishra Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri A.K. Mishra, learned counsel for the petitioner, Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 21.5.2019 registered as case crime no.282 of 2019, under sections 304, 420, 467, 468, 471, 352 I.P.C., police station Hari Parvat, District Agra.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner has stated that the deceased Sangeeta Devi was admitted many times in the hospital and she was got discharged by the respondent no.4 contrary to the advice given by doctor, all possible care was taken in her treatment. The respondent no.4 was adviced to shift her to higher medical centre but she was not shifted there. On 6.12.2018, due to difficulty in breathing, the respondent no.4 was asked to put the patient on the ventilator but he refused to do so and in the morning of 7.12.2018, the respondent no.4 took away the patient from the hospital against the medical advice. The allegations made against the petitioner are absolutely false. He has place reliance upon the case of Suresh Gupta Vs. Govt. of N.C.T. of Delhi AIR (SC) 2004 4091 and further argued that no expert opinions have been given with respect to the petitioner having committed any wrong in this matter.
Learned A.G.A. opposed the prayer for quashing.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 10.6.2019 Neeraj (Pradeep Kumar Srivastava,J) (Dinesh Kumar Singh-I, J.)