IN THE HIGH COURT OF JAMMU AND KASHMIR
ALI MOHAMMAD MAGREY, J.
Dr. Asif Akbar Sofi - Appellant
Versus
Dr. Mohammad Sultan Khuroo - Respondent
561-A Cr.P.C. No. 248 of 2017 and MP No. 01 of 2017
Decided on : 31-01-2018
Petitioner, a doctor, filed a petition to quash a criminal complaint filed against him and others for allegedly obtaining medical records from patients under false pretenses and using them to defame the complainant, a doctor. The court held that the complaint sufficiently alleged the offenses and that the magistrate had jurisdiction to take cognizance of the matter. The court also rejected the petitioner's argument that the medical records were not property and that the magistrate lacked jurisdiction because the alleged offenses occurred outside his territorial jurisdiction.
Fact of the Case:
Petitioner, a doctor, filed a petition to quash a criminal complaint filed against him and others for allegedly obtaining medical records from patients under false pretenses and using them to defame the complainant, a doctor. The complaint alleged that the petitioner had fraudulently obtained medical records from patients, including the complainant's wife, and used them to file a complaint against the complainant with the police. The petitioner argued that the complaint did not sufficiently allege the offenses and that the magistrate lacked jurisdiction to take cognizance of the matter because the alleged offenses occurred outside his territorial jurisdiction.
Finding of the Court:
The court held that the complaint sufficiently alleged the offenses and that the magistrate had jurisdiction to take cognizance of the matter. The court found that the complaint contained specific allegations of fraud and deception on the part of the petitioner and that the medical records were obtained without the patients' consent. The court also found that the magistrate had jurisdiction to take cognizance of the matter because the alleged offenses were committed within his territorial jurisdiction.
Issues: 1. Whether the complaint sufficiently alleged the offenses of cheating, forgery, and defamation. 2. Whether the magistrate had jurisdiction to take cognizance of the matter.
Ratio Decidendi: 1. The court found that the complaint sufficiently alleged the offenses of cheating, forgery, and defamation. The court found that the complaint contained specific allegations of fraud and deception on the part of the petitioner and that the medical records were obtained without the patients' consent. The court also found that the petitioner had used the medical records to file a complaint against the complainant with the police, which constituted defamation. 2. The court found that the magistrate had jurisdiction to take cognizance of the matter because the alleged offenses were committed within his territorial jurisdiction.
Final Decision: The court dismissed the petition and directed the parties to appear before the trial court for further proceedings.
Ali Mohammad Magrey, J.
This petition under Section 561-A Cr.P.C, filed by the petitioners, seeks dismissal of the criminal complaint titled Dr. Mohammad Sultan Khuroo v. Firdous Ahmad Wani and ors., and quashment of order dated 23.09.2017, whereby the learned Chief Judicial Magistrate, Srinagar, took cognizance of the offences under Sections 406, 417, 469, 471, 500 and 506 Ranbir Penal code and ordered issue of bailable warrants for securing presence of the accused.
2. Heard learned counsel for the parties, perused the record and considered the matter.
3. Petitioner no. 1 and the contesting respondent have an in-law relationship with each other former being the son-in-law and the latter the father-in-law. The matrimonial relationship between petitioner no. 1 and his wife, i.e., the daughter of the contesting respondent, has turned incongruous, strained and landed in extreme disharmony, so much so petitioner no. 1's wife is said to have also filed a complaint under the provisions of the J&K Protection of Women from Domestic Violence Act, 2010 before the learned Chief Judicial Magistrate which is stated to be pending trial, and, in para 3 of this petition, the petitioners allege that she did it at the instance of her father, i.e., the complainant-contesting-respondent herein.
4. The case of the petitioners is that not satisfied (with the aforesaid vengeful complaint filed by complainant's daughter), the complainant-respondent, with a view to wreaking vengeance and harassing petitioner no. 1, filed the instant, impugned complaint against him, other petitioners and proforma respondent no. 2, concocting a false and fabricated story of which the petitioners have no knowledge, nor are they related to the functioning of the respondent's clinic. This is the brief, backdrop of the factual side and the case of the petitioners as delineated in paras 2, 3 and 4 of the petition.
5. So far as the impugned order dated 23.09.2017 passed by the learned trial Magistrate is concerned, before stating the challenge of the petitioners thereto, I deem it appropriate to give a brief resume of the complaint filed by the complainant-respondent no. 1 before the trial court.
6. In his complaint, the complainant, the contesting respondent herein, stated that he is a globally renowned and acclaimed Doctor, having specialized field of Gastroenterology, with Degrees and achievements at local, national and international levels specified in para 1 of the complaint. He is presently discharging his duties as Director, Digestive Diseases Centre, Dr. Khuroo's Medical Clinic, Srinagar, which is a day-care tertiary medical facility dealing with management of gastrointestinal and liver diseases. The Centre/Medical Facility/Clinic is stated to be a family-funded and sponsored trust, operational since 2006. Presently, it is said to be following over 55,000 patients.
7. Petitioner no. 1 (accused no. 2 in the complaint), as already mentioned above, is the complainant's son-in-law and their relations are strained. He is said to be a Doctor an ENT Specialist practicing at Handwara. It is alleged that petitioner no. 1 and proforma respondent no. 2 (accused nos. 1 and 2 in the complaint) are bosom friends and petitioners 2 and 3 (accused 3 and 4) are petitioner no. 1's employees; whereas petitioner no. 4 (accused no. 5) is said to be father of petitioner no. 1 and petitioner no. 5 (accused no. 6) is a Chemist, running his medical/drug shop at Langate Market, Handwara.
8. It is alleged that petitioner no. 1 is having old matrimonial issues with the complainant's daughter and that the matter is being fought and litigated in courts of law, and that the endeavour of petitioner no. 1 has been to blight the complainant's reputation, respect, honour and integrity and, in that connection, he has been filing false and frivolous complaints/applications before various authorities. It is alleged that accused no. 2 had been referring his relatives, friends, colleagues and acquaintances
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