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2017 Supreme(J&K) 809

M.K.HANJURA
Shyam Kumar Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :D.S. Chouhan, Advocate
For the Respondents: S.S. Nanda, Sr. AAG.

ORDER :

M.K. Hanjura, J.

1. The petitioner, Shri Shyam Kumar Gupta, has craved the indulgence of this Court in granting him the following relief’s:

"(A) To Quash and set aside the Order/Judgment dated April, 24, 2017 passed by the learned Chief Judicial Magistrate, Jammu, in File No. NIL/Misc. dated 17.03.2013 titled "Rajinder Parkash v. Dr. Shyam Kumar Gupta", whereby, the Station House Officer, Bakshi Nagar, Jammu, was directed to register First Information Report under Section 304-A Ranbir Penal Code, Svt. 1989 (1932 A.D) as against the petitioner and investigate the case under law, without considering the Medical Opinion No. GNH/J/1809 dated 09.03.2013 rendered by a team of experts pursuant to the Order No. DHSJ/5100/3631-35 dated 16.02.2013 passed by the Director Health Services, Jammu, as also the Report of Medical Board comprising of very senior Doctors constituted by the Principal, Government Medical College, Jammu, pursuant to the Order dated 23.02.2016 passed in Criminal Complaint No. NIL/MISC dated 17.03.2013 titled "Rajinder Parkash v. Dr. Shyam Kumar Gupta", read with the FIR No. 60/2017 registered at Station House Officer, Bakshi Nagar, Jammu for commission of offence un
























































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