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2020 Supreme(Del) 724

C.HARI SHANKAR
Ganga Ram Hospital – Appellant
Versus
State – Respondent


Advocates Appeared:
R.S. Suri, Advocate, Siddharth Luthra, Advocate, Rohit K Aggarwal, Advocate, Gunjan Sinha Jain, Advocate, Rahul Mehra, Advocate, Rajesh Mahajan, Advocate, Chaitanya Gosain, Advocate

JUDGMENT

C Hari Shankar, J. - Crl. M. A. 7661/2020 (for stay)

    By the present application, the petitioner-applicant seeks interim stay of all proceedings consequent on FIR No 0133, dated 5th June, 2020, registered at PS Rajinder Nagar against the applicant. The FIR alleges commission of offence, by the applicant, under Section 188 of the Indian Penal Code, 1860 (IPC). The complainant is "Amit Kumar Pamasi (C/O) Dy Secretary Health", and the applicant is the accused. The FIR (to the extent it is relevant) reads thus:

      "Sub: Request for filing FIR under Section 188 IPC. Sir This has reference to this department order No F. 2/08/2020/S.I/118 dated 30.04.2020 of order no. F. 52/DGHS/PH-IV/COVID-19/2020 prsecyhfw/6922-7022 dated 06.05.2020 of H & FW Department regarding guidelines for tracking and monitoring of every COVID-19 suspected cases tested in various accredited labs across Delhi wherein it was mandatory for the labs to collect sample only through RT-PCR App. Further, CDMO cum Mission Director, Central vide order dated 03.06.2020 has mentioned that Sir Ganga Ram Hospital is still not using the RT-PCR app even today i.e. 03.06.2020 which is a clear violation of direction issued unde

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