Court No. - 29
Case :- WRIT - C No. - 2305 of 2019 Petitioner :- Tulamani Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mani Shanker Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner. Learned Standing counsel has appeared for the respondents.
The petitioner has filed this writ petition seeking a direction upon respondents no. 2 and 3 to decide his representation dated 7.1.2019 filed as annexure 4 to the writ petition. The other relief claimed in the writ petition is that a Medical Board be constituted in respect of the false injury report dated 16.11.2018 prepared by respondent no. 4.
A perusal of the representation reveals that the petitioner is allegedly involved in a criminal case in case crime no. 199 of 2018 under Section 307 IPC in respect of which a FIR was lodged on 16.11.2018.
The petitioner by the aforesaid representation has made a payer to the Chief Medical Officer that an enquiry be set- up against Vijay Pathak, Medical Officer, Samudaiek Chikitsa Kenra, Soron, Allahabad for misuse of his office and for preparing a false injury report.
It is on account of alleged false injury report that the petitioner wants the matter to be referred to the Medical Board.
The question of referring the matter to the Medical Board for any enquiry at this stage does not arise as the petitioner is allegedly involved in the above criminal case and the investigation in the matter is pending, we accordingly consider it appropriate not to interfere in the matter at this stage.
The petition is accordingly dismissed without affecting the right of the petitioner to challenge the injury report at the appropriate stage in the appropriate forum.
Order Date :- 29.1.2019 SKS