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2017 Supreme(Pat) 1243

IN THE HIGH COURT OF JUDICATURE AT PATNA
BIRENDRA KUMAR, J.
(15.11.2017)
Cri.WJC No. 142 with 228 of 2017
Dr. Girish Kumar Singh (in 142) : Petitioners
Dr. Prem Prakash Gupta (in 228)
Vs.
The State of Bihar & Anr. : Respondents
(in both)

Advocates:
For the Petitioners: M/s Ramakant Sharma, Binay Kumar, (in both).
For the Respondent No.2: M/s Mr. Uma Shankar, Vishal Kumar, Kamlesh Kumar Sharma, (in both).
For the State : M/s G.P. Ojha, Dr. Priya Gupta. (in 142); Prashant Pratap (in 228).

Headnote:Constitution of India – Article 226 – Quashing of FIR – Offences under Sections 314, 323, 504 and 506/34 of the IPC as well as Sections 3(i)(r)(s)(p)(q), 3(2) (va) of the SC/ST (Prevention of Atrocities) Act – Allegation of taking caste name of the informant and asking him to leave the chamber – FIR not disclosing that the occurrence took at a place within public view – Chamber is not a public place as no one is authorized to enter without permission – FIR not disclosing the presence of any one else in the chamber, save and except, the single accused and the informant – Therefore, an important ingredient of aforesaid offences is missing – Further, no averment that the accused persons were not members of a seheduled caste or scheduled tribe – Offences under other provisions of the IPC are either not applicable or are non-cognizable in nature – Petitioner has no criminal antecedent – The whole FIR is the result of non grant of experience certificate – Allowing the prosecution to continue would be an abuse of the process of court – FIR quashed – Application allowed. (Paras 12, 20 & 21)

BIRENDRA KUMAR, J.:–Heard Mr.Ramakant Sharma, learned senior counsel for the petitioners, Mr. Uma Shankar, learned counsel for the respondent No.2 and learned counsel for the State in both the applications.

2. The petitioners abovenamed are accused in connection with Patna SC/ST P.S.Case No. 21 of 2016 registered under Sections 314, 323, 504 and 506/34 of the Indian Penal Code as well as for offences under Sections 3(i) (r)(s)(p)(q), 3(2) (va) of SC/ST (Prevention of Atrocities) Act vide Annexure-1.

3. The present writ application has been filed for quashing the F.I.R. of the aforesaid case lodged by the respondent No.2 on the ground that a bare perusal of the F.I.R. does not disclose ingredient of any of the cognizable offences for which F.I.R. has been registered and the F.I.R. has been lodged with malafide intention of respondent No.2 to wreck vengeance when the respondent No.2 failed to take desired result on his application, by undue favour from the petitioners.

4. It is worth to mention that at the relevant time (the alleged date of occurrence) Dr. Girish Kumar Singh was posted as Director at All India Institute of Medical Sciences (in brief AIIMS) at Patna and petitioner Dr. Prem Prakash Gupta was working as Head of the Department of Pharmacology at AIIMS , Patna, whereas the informant was working as a Senior Resident thereat appointed on direct job outsourcing on the consolidated amount of Rs. 55,000/- as per the memorandum of appointment at Annexure-2 series to the counter affidavit filed by the respondent No.2.

5. The informant has narrated in the FIR that initially he was appointed as Senior Resident on 06.03.2014 at AIIMS , Patna , his appointment was for maximum three years extendable after lapse of every 11 months on the basis of performance of the work. On 10.06.2016, the informant filed an application for grant of experience certificate to be used for extension of his joining period on some different posts of the State Govt., on which the informant was already selected. Some other Doctors were granted such certificate, however no certificate was granted to the informant. All of a sudden, the letter dated 30.07.2016 was served on the informant on 01.08.2016, stating therein that the informant has been relieved from the post of Senior Resident, as the authorities have not found him fit for grant of extension. Thereafter, the informant met the administrative officers of AIIMS, Patna to know the reason for his removal. Petitioner, Dr. Prem Prakash Gupta Head of the Department and was competent authority to grant extension to the informant, was contacted in his Chamber on 01.08.2016 itself by the informant. Dr. Gupta did not pay any heed to the request of the informant and threaten the informant, in loneliness, that the informant is a member of scheduled caste, AIIMS is not a place for the members of scheduled caste, therefore he should not come to his chamber in future. At one occasion, the informant was willing to lodge an FIR, however, considering the reputation of AIIMS as an Institution, he did not lodge any FIR and thereafter met the guardian of AIIMS i.e. the Director, Dr. Girish Kumar Singh. Petitioner , Dr.Girish Kumar Singh had advised him to file the application in his office and accordingly on 02.08.2016, the informant filed an application. On 24.09.2016, the informant again met the petitioner, Dr. Girish Kumar Singh as no action was taken till date on his petition dated 02.08.2016. This time the informant raised the discrimination meted to him on caste line. Again, no action was taken by the Director for 15 days. Thereafter, on 15.10.2016 at about 11.00 AM, the informant went to meet the Director in his chamber. The Director was alone in his chamber when the informant enquired about his application, the behaviour of the Director was very rough. He took the caste name of the informant and asked to not to see and spoke as follows:—

“How the informant thought it to go to high post”

6. Further allegation is th
























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