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ALLAHABAD HIGH COURT
Ramesh Sinha, J.
State of U. P. Thru. D.M., Etah - Appellant
Vs.
Rajeev Kulshreshtha - Respondent
Application u/S. 482 No. 26289 of 2015
Decided on : 03.11.2015
482, Cr.P.C. - Quashing of Judgment - Sections 420, 417, 418, 423 IPC & 18 of the Transplantation of Human Organs Act, 1994 - The court discussed the administrative order passed by the District Magistrate, the jurisdiction of the C.J.M. and Sessions Judge, and the influence of political pressure on the case.
Fact of the Case:
The case involved a complaint against a doctor and his nursing home for various irregularities and illegal activities, including demanding additional payment from a patient and operating without proper facilities.
Finding of the Court:
The court found that there was political pressure on the doctor to waive off treatment fees, leading to the discharge of the patient without payment. The court also noted administrative overreach and political influence in the sealing of the nursing home.
Issues: The issues included the jurisdiction of the courts, the influence of political pressure, and the validity of the administrative order sealing the nursing home.
Ratio Decidendi: The court held that the orders passed by the lower courts were without jurisdiction and quashed them. It also acknowledged the political pressure and administrative overreach but allowed the doctor a month to seek appropriate legal remedy.
Final Decision: The court quashed the orders passed by the lower courts, restrained the District Magistrate from interfering in the nursing home's operations for a month, and allowed the doctor to seek legal remedy.
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 in spite 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 along with 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 very same 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 Gynaec-ologist 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 waste
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