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2012 Supreme(Del) 2335
DELHI HIGH COURT
Suresh Kait, J.
Vivek Kumar - Appellant
Versus
State of Delhi & Anr. - Resopndent
Crl.M.C.No.324 of 2012
Decided On : 27-01-2012
For the Respondent:K.K. Jha., For the Respondents: Navin Sharma, APP.
The main legal point established is that contradictory evidence requires trial to establish the true facts and premature petitions to quash FIRs should not be entertained.
Headnote:
Forgery - Medical Degree - Indian Penal Code, 1860, Section 420/468/471 - Medical Council Act, 1956, Section 13(4)
Fact of the Case:
The petitioner sought to quash an FIR registered under Section 420/468/471 Indian Penal Code for submitting false and forged medical degree documents.
Finding of the Court:
The court found that the communications regarding the authenticity of the petitioner's medical degree were contradictory and required trial to establish the true facts.
Issues: The main issue was the authenticity of the petitioner's medical degree documents and whether the FIR should be quashed at the pre-trial stage.
Ratio Decidendi: The court held that the contradictory communications required trial to establish the true facts and dismissed the petition as premature.
Final Decision: The petition to quash the FIR was dismissed, and the court directed the Trial Court to consider the petitioner's contentions at the appropriate stage.
1. Notice issued.
2. Mr. Navin Sharma, learned APP on behalf of respondent No. 1/State and Mr. Ashish Kumar, learned counsel on behalf of respondent No. 2/Medical Council of India accept notice.
3. With the consent of learned counsel for parties, matter taken up for disposal.
4. Vide instant petition, the petitioner has sought to quash the FIR No. 566/2005 registered under Section 420/468/471 Indian Penal Code at police station I.P. Estate, New Delhi against him.
5. Learned counsel for petitioner submits that petitioner went to Russia for pursuing his medical course in the year 1993 and completed the same in the year 2000. Consequently, he was awarded a degree/diploma of M.D.(Physician) by Russian State Medical University.
6. On returning to India and on moving the application, Medical Council of India, i.e. respondent No. 2 issued to him provisional registration No. 15587 for 12 months.
7. For the purpose of verification, on 09.08.2001 to 22.07.2004, respondent No. 2 wrote numerous letters during the period mentioned above, to the Councillor (Education) Indian Embassy, Masco through Ministry of External Affairs, South Block, New Delhi for confirmation and authenticity of the documents as required under Section 13 (4) of the Medical Council Act, 1956. Vide a letter dated 29.12.2004, received from Indian Embassy by Dr. Prem Kumar, Deputy Secretary, Medical Council of India that the Dean of Foreign Students Training Department of Russian State Medial University (RSMU) had conveyed that diploma DIS # 0009824 and registration No. 302 had never issued to the petitioner he never studied at the said university.
8. Pursuant to the aforesaid letter dated 15.02.2005, respondent No. 2 lodged a complaint with the DCP, Crime, Police Headquarter, I.P. Estate, New Delhi and requested for registration of FIR against petitioner for submitting false and forged documents. The said complaint culminated into registration of instant FIR on 22.11.2005 under Section 420/468/471 Indian Penal Code at police station I.P. state, New Delhi.
9. Petitioner approached learned Sessions Court for anticipatory bail which was rejected vide order 11.08.2006.
10. Being aggrieved, petitioner approached this Court and granted interim protection vide order dated 03.11.2006, while directing to re-verify, the documents i.e. diploma/degree submitted by petitioner, directly.
11. Thereafter, pursuant to the aforesaid direction of this Court, a letter dated 18.11.2006 was written to Dean of Foreign Students, Russian State Medical University, Masco (Russia), by Shri Alok Kumar, IPS, Deputy Commissioner of Police, Central District, New Delhi while requesting to verify the genuineness of the documents issued in favour of petitioner.
12. On 16.07.2007, in reply to the aforesaid communication, received from the Dean, Foreign Students, Russian State Medical University, by Shri Alok Kumar, aforesaid police officer wherein it is stated that degree/ diploma submitted by the petitioner is genuine document, as per the record of the said university.
13. On receipt of aforesaid communication, on 18.09.2007 the SHO of police station I.P. Estate, New Delhi submitted a cancellation report under Section 173 Criminal Procedure Code before learned Trial Court and requested to cancel the FIR. Accordingly, notice was issued to the respondent No. 2/complainant vide order dated 04.10.2007 by learned Trial Court.
14. On 25.02.2008, petitioner approached this Court by filing a Writ Petition (Civil) seeking direction to the respondent No. 2 for grant of permanent registration number, however, same was dismissed as withdrawn.
15. Later on, on being received the another contradictory report qua the documents of the petitioner, produced by respondent No. 2, before the Trial Court.
16. On 25.10.2008, a protest petition was filed by the respondent No. 2. Accordingly, the IO was summoned to explain the final report. On 20.08.2009, respondent No. 2 filed copy of the letters dated 15.01.2008 and 06.02.2009 with
