Criminal proceedings can be quashed under Section 482 of the CrPC if they are initiated due to institutional resentment or personal vendetta, are inherently improbable, or constitute an abuse of the process of law, especially when based on unreliable evidence like private forensic reports.

THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO PASS AN ORDER QUASHING THE ENTIRE PROCEEDINGS IN CC 70189/2024 ARISING OUT OF FIR DATED 10.12.2022 IN CR NO.277/2022 REGISTERED BY THE RESPONDENT NO.1 J.B NAGAR P.S, BENGALURU PENDING BEFORE THE LD. X ADDL.CMM AGAINST THE PETITIONER HEREIN FOR THE OFFENCES P/U/S 465 AND 471 OF I.P.C.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner, a doctor, stands before the Court calling in question proceedings in C.C.No.70189 of 2024 registered for offences punishable under Sections 465 and 471 of the IPC.

2. Heard Sri H.S. Chandramouli, learned senior counsel appearing for the petitioner, Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1/State and Sri H.Mujtaba, learned counsel appearing for respondent No.2.

3. Shorn of unnecessary details, facts in brief, germane, are as follows: -

3.1. The petitioner, a qualified Oncologist, joins the service of Manipal Hospital in the month of August 2003; works at Manipal Hospital up to 1-09-2022 in various capacities such as, Head of Oncology Department, Cancer Speciality Director and Chairman of the Surgical Department. The petitioner after rendering nearly 2 decades of service at Manipal Hospital, gets an employment in Aster DM Healthcare, Bengaluru to the post of Director, Oncology Services. In furtherance of the said offer, an employment communication dated 13-06-2022 was issued to the petitioner followed by a formal letter of appointment. Consequent upon such appointment order, the petitioner tendered his resignation to the administration of Manipal Hospital. The resignation was accepted and he was duly relieved of his duties. Thereafter, the petitioner joins duties at Aster Hospital.

3.2. After the petitioner joins at Aster DM Healthcare, between 8-11-2022 and 21-11-2022 Manipal Hospital is said to have received an electronic communication from an entity known as Dataflow Services, whose services Aster DM Healthcare had engaged for the purpose of verification of certificates of all doctors in the Hospital. The electronic communication from Dataflow Services goes to Manipal Hospital for verification of an experience certificate said to have been issued by Manipal hospital. The issue crops up then, on the score that Manipal Hospital has never issued any experience certificate and the signature found on the experience certificate is said to be forged.

3.3. On the premise of alleged act of forgery by the petitioner, a complaint comes to be lodged before the jurisdictional Police alleging commission of offences punishable under Sections 465 and 471 of the IPC for the offences pertaining to forgery and use of forged documents. The complaint becomes a crime in Crime No.277 of 2022. Investigation is conducted and upon completion thereof, the Police file a ‘B’ report, finding no material to prosecute the petitioner. The 2nd respondent/Manipal Hospital – complainant prefers a protest petition. The concerned Court rejects ‘B’ report, takes cognizance of the aforesaid two offences and issues summons to the petitioner. It is issuance of summons that drives the petitioner to this Court in the subject petition.

SUBMISSIONS:

PETITIONER:

4. Learned senior counsel Sri H.S. Chandramouli along with Sri Rajath appearing for the petitioner would vehemently contend that the entire prosecution is founded upon absurdity. The petitioner possessed professional experience, which the whole world knew and did not want any experience certificate for that