Rajasthan High Court - Jaipur
Smt Nalini Milton W/O Shri Ibrahmin ... vs State Of Rajasthan on 5 September, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5351/2018
Smt Nalini Milton W/o Shri Ibrahmin Milton
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rohan Jain
For Respondent(s) : Mr. Prakash Thakuriya, PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
05/09/2018
Present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No.539/2018 registered at Police
Station Kotwali, Baran, District Baran, for offences under Sections
420 and 419 IPC and Section 15(2) of The Indian Medical Council
Act, 1956.
Counsel for the petitioner has contended that petitioner
is aged 66 years. She served State of Rajasthan as Auxiliary
Nursing Midwife for 36 years.
Counsel for the petitioner has contended that the
Officials of the Health Department conducted raid and found
medicines in the house of the petitioner to draw an inference that
she was practicing as a medical practitioner.
Counsel for the petitioner has contended that
statement of no person has been recorded that petitioner
impersonated herself as a medical practitioner or caused wrongful
loss to any person by projecting herself as a registered medical
practitioner.
(2 of 2) [CRLMP-5351/2018]
Counsel for the petitioner has contended at most
offence if any is made under Section 15(2) of The Indian Medical
Council Act, 1956.
Mr. Prakash Thakuriya, ld. PP, has submitted that it is
too pre-mature for the petitioner to approach this court.
Mr. Prakash Thakuriya, ld. PP, has submitted that from
mere mentioning of sections in the FIR, offence is not made out as
during investigation sections pertaining to offences can be deleted
or added.
At this juncture, counsel for the petitioner has
submitted that offences under Sections 419 and 420 IPC are non-
bailable and threat of arrest is looming on the head of the
petitioner.
To blunt the arguments raised by counsel for the
petitioner, Mr. Prakash Thakuriya, ld. PP, has submitted that in
case, Investigating Officer came to conclusion that petitioner is to
be arrested for offences under Sections 419 and 420 IPC, a prior
15 days notice shall be served upon petitioner to enable her to
apply for anticipatory bail.
The stand taken by Mr. Prakash Thakuriya, ld. PP, is
very fair and is appreciated.
Consequently, as prayed by counsel for the petitioner,
the present petition is disposed of, in terms of the statement
made by learned Public Prosecutor.
(KANWALJIT SINGH AHLUWALIA),J Heena/80 Powered by TCPDF (www.tcpdf.org)