O R D E R

This Criminal Original Petition has been preferred to call for the records in CC.No.44 of 2018 on the file of the learned Judicial Magistrate No.5, Salem and to quash the same.

2. The petitioner is the fourth accused who is a doctor by profession.

The case of the prosecution is that with the connivance of the petitioner/4th accused along with other accused of this case, a false claim was made for claiming compensation by alleging that the 1st Accused had suffered injuries due to road traffic accident.

3.Heard the submissions made on either side and perused the materials available on record.

4.Mr.Manuraj, learned counsel appearing for the petitioner submitted that the first accused had been admitted at the Ganga Medical Centre, Coimbatore, where the petitioner is working as a duty Doctor; the Doctor had recorded the details given by the injured in the Accident Register maintained by the Hospital; the injured had taken treatment in the hospital from 18.03.2001 to 30.03.2001; the petitioner has been falsely implicated in this case without any ground materials. A criminal case pending without any basis against the petitioner, who is a Doctor, affects his reputation and profession.

5.Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent submitted that the doctor had corrected the Accident Register by inserting the following words, 'hit by an unknown vehicle while going on a bicycle' and thereby helped the 1st accused to lay a claim for compensation before the Motor Accident Claim Tribunal and hence, he has been implicated as an accused in this case.

6. So far as the petitioner /4th accused is concerned, the alleged overt-

act against him is the entries made in the Accident Register. On perusal of the Accident Register, it is seen that the petitioner had registered the following details in the column meant for Date and site of accident:

"Date and site of accident"

Alleged to have been involved in a road traffic accident (hit by an unknown vehicle while going on a bicycle ) at Five road junction Fairlands, near Rathnavel Gounder Kalyana Mandapam at 5PM on

18.03.2021"

7.The suspicion against the Doctor has been developed because of the insertion of the words 'hit by an unknown vehicle while going on a bicycle' . It is submitted by the Additional Public Prosecutor that those details were inserted just in order to help the accused out of way. Even without the above insertion, it can be seen that the Doctor had registered the details about the road traffic accident only. If the contents in the Accident Register was not mentioned as road traffic accident previously, but later corrected as road traffic accident, there can be some reason to raise doubt on the Doctor who registered the details.

8. The 1st accused who was injured has taken treatment at Ganga Medical Centre, Coimbatore, where the petitioner was working as a duty Doctor at the relevant point of time. Since the 1st accused had informed the doctor that he sustained injuries only due to the road traffic accident, the Doctor had written the same. Due to the particulars omitted inadvertently, the words could have been inserted later. It is not the case of the prosecution that the Doctor had mentioned some registration number of the vehicle so as to help him to get compensation from the insurance company, due to the insurance benefits available to the said vehicle.

9.The particulars as seen in the Accident Register do not have any details about the number of the vehicle or even about the type of the vehicle. It has been simply stated that the petitioner was going on a bicycle and at that time he was hit by an unknown vehicle. With these bare allegations against the Doctor, I could not find any cognizable case is made out against him, especially, for the offence under Sec.420 r/w 116 IPC. 10. The petitioner was a duty Doctor at the time when the 1st accused reported for treatment at Ganga Hospital, and he had recorded the details in the Accident Registe