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2013 Supreme(All) 1595

RAKESH TIWARI, KARUNA NAND BAJPAYEE
A. K. Vishwas – Appellant
Versus
State of U. P. and Others – Respondent


Advocates:
Counsel for Petitioner:- Rajeev Sisodia,Birendra Kumar Gautam
Counsel for Respondent:- Govt. Advocate

Rakesh Tiwari, Karuna Nand Bajpayee, J.;—

This writ petition has been filed for quashing an FIR and staying the arrest of the petitioner in Case Crime No.296 of 2013, under Section 420 IPC, and Sections 15(2) and 15(3) of Indian Medical Council Act, 1956 and Section 30 of United Provinces Medical Act, 1971, P.S. Hasanpur, District Amroha.

2. Heard learned counsel for the petitioner and learned Additional Government Advocate.

3. It cannot be said that on the allegations in the FIR, no prima facie case is disclosed nor could the petitioner satisfy the Court that this case comes under any of the categories recognized and discussed in the case of State of Haryana versus Bhajan Lal and others, AIR 1992,SC-604 or the full Bench decision of Satya Pal versus State of U.P. and others,2000,Cr.L.J.569 or the full Bench decision of Ajit Singh alias Muraha versus State of U.P. and others,2006 (56) ACC-433, which may justify our interference or pursuade us to quash the FIR.

4. However, by the amendment vide Act No.5 of 2009, which has been notified on 01.11.2010, it has been provided in Section 41(1) (b) Cr.P.C. that a person against whom credible information of being involved in a cognizable offenc
















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