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2015 Supreme(All) 1393

ALLAHABAD HIGH COURT
BEFORE : RAMESH SINHA, J.
STATE OF U.P. ....Applicant
Versus
Dr. RAJEEV KULSHRESHTHA ....Opposite Party
(Criminal Misc. Application No. 26289 of 2015, decided on 3rd November, 2015)

Advocates:
Counsel :
Vimlendu Tripathi and Imran Ullah for the Applicant; Nitanjay Pandey and H.N. Singh for the Opposite Party.

Headnote:Criminal Procedure Code, 1973 – Section 482 – (Indian) Penal Code, 1860 – Sections 420, 417, 418 and 423 – Transplantation of Human Organs Act, 1994 – Section 18 – Nursing Home – Removal of seal – Maintainability – Though order passed by D.M., shows some political pressure and may have been passed by misusing of his powers, but C.J.M. was not at all justified in entertaining application of O.P. and pass order for opening of seal of Nursing Home which was sealed in pursuance of administrative order by D.M. for which a proper remedy to O.P. was to take recourse available to him under law other than filing an application before C.J.M. – Therefore, said orders passed by C.J.M., and Sessions Judge, quashed, but taking into account malafide which has been alleged by O.P. in sealing his Nursing Home by D.M., under political influence, he is allowed a month’s time to avail appropriate legal remedy against order passed by D.M. Application Disposed of.

Judgment :

1. The present application under section 482 Cr.P.C. has been filed for quashing of the impugned judgment and order dated 18.6.2015 passed by Sessions Judge, Etah in Criminal Revision No.Nil of 2015 and order dated 11.6.2015 passed by C.J.M.Etah in Misc. Application No.250 of 2015, arising out of case crime No.782 of 2015, under sections 420, 417, 418, 423 IPC & 18 of the Transplantation of Human Organs Act, 1994, P.S. Kotwali Nagar, District Etah.

2. The brief facts of the case are that the District Magistrate, Etah received a complaint on 19.5.2015 from one Chandra Pal s/o Harikesh stating that he has admitted his wife Smt. Meera in Etah Surgical Centre, Etah which is owned by Dr.Rajeev Kulshreshtha and for the treatment of his wife Rs.26,000/- was settled. Chandra Pal was a poor and handicapped person and he had collected the money from the villagers and paid total amount of Rs.30,000/-to him but inspite of the fact Rs.8,000/- was being further demanded by Dr.Rajeev Kulshrehshtha and when he showed helplessness to pay the same he was threatened that his wife would be injected some poisonous injection, killed and thrown out from the Nursing Home. He also lodged a complaint at P.S. Kotwali Nagar, District Etah informing about said fact. He further stated that Dr.Rajeev Kulshreshtha had also obtained his thumb impression on a blank paper and further threatened him of dire consequences to his life.

3. The said complaint was also made to the District Magistrate and the same was forwarded to the Addl. District Magistrate(Admin.), Etah who further ordered for an enquiry to be conducted by the Chief Medical Officer, Etah and constituted three-members Committee alongwith the C.M.O.. S.D.M. and Circle Officer, Etah.

4. Similarly another complaint was lodged by Jaswant Singh Yadav, reporter of Swatantra Bharat News Paper on the same very day i.e.19.5.2015, stating about certain irregularities being committed in the said Nursing Home and the said complaint was also forwarded to A.D.M.(Admin.). The C.M.O. on 26.5.2015 had sent a notice to the said Nursing Home that a Inspection Team would be visiting on 27.5.2015 at 12.30 p.m. for enquiry and the staff of the said Nursing Home be prepared to co-operate with the enquiry.

5. On 27.5.2015 at 12.40 p.m. the inspection team visited the said Nursing Home and issued notice to Dr.Rajeev Kulshreshtha stating when the inspecting team visited the said Nursing Home on 27.5.2015 he nor his staff co-operated with the investigation and submitted that they would submit their reply to the complaint for which two days time was given by the C.M.O., Etah and the team headed by him. On 27.5.2015 reply was given to the C.M.O. by Dr.Rajeev Kulshreshtha and his wife Dr. Manju Verma, who was a Gynecologist in the said Nursing Home.

6. Prior to the complaint made by Chandra Pal a complaint was made by Dr.Rajeev Kulshreshtha to Hon'ble Chief Minister of U.P., Lucknow on 20.5.2015 against the District Magistrate, Etah, Ms.Nidhi Kesarwani raising issues how the D.M. at the instance of some local M.L.A. & M.L.C. who are of the ruling party had pressurized him for not charging fee for the treatment of the wife of the complainant Smt.Meera who was saved by the opposite party while being treated in Nursing Home and when he demanded fee for the medical treatment and saving of her life he was pressurized and influenced by the D.M. and local M.L.C. for not taking money and when he insisted for fee and other expenses for the medical treatment the present illegal and arbitrary action was taken against him and his Nursing Home by the D.M.,Etah.

7. On 30.5.2015 the inspecting team headed by C.M.O., Etah submitted report to the D.M., Etah. On the same day the In charge D.M., Etah passed an order on the basis of the report submitted by the inspecting team and as per the advice of Public Prosecutor, Etah alleging that the said Surgical Centre of Dr.Rajeev Kulshreshtha has no arrangement for disposal of the wast


































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