Allahabad High Court
Dr. Devki Nandan vs State Of U.P.Through Its Prin. Secy. ... on 21 June, 2010
Author: Abdul Mateen
Bench: Abdul Mateen
Court No. - 25 Case :- MISC. BENCH No. - 5945 of 2010 Petitioner :- Dr. Devki Nandan Respondent :- State Of U.P.Through Its Prin. Secy. Home Civil Sectt. Lko. Petitioner Counsel :- Vivek Pandey Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate, who has accepted notice on behalf of opposite party Nos. 1 to 3.
Issue notice to opposite party No. 4 returnable at an early date. Under challenge in the instant writ petition is FIR relating to Case Crime No. 620 of 2010, under Sections 218, 419, 420, 468, 469, 471 IPC read with Section 15 (3) Indian Medical Board Act, police station Kotwali Nagar, district Gonda.
We have gone through the contents of the FIR as well as Annexure 2 i.e. letter/report dated 16.10.2009 issued by the Registrar, Indian Medical Board (Alternative System), H-1099, Satyam Vihar Kalyanpur, Kanpur Nagar.
Argument advanced by learned counsel for the petitioner is that this FIR is an outcome of the report dated 16.10.2009 i.e. Annexure-2 submitted by the Registrar, who himself is not competent to register a candidate for doing practice, as such, the FIR has been lodged in vengeance. Although from the allegations so levelled against the petitioner, it comes out that he is a quack, as such, this FIR has seen light of the day. Let counter affidavit be filed by respective opposite parties within ten days. Rejoinder affidavit, if any, may be filed within next two days. List after expiry of aforesaid period.
Till the next date of listing, arrest of the petitioner in the aforesaid case crime number shall remain stayed subject to his cooperation with the investigation, which shall go on.
Order Date :- 21.6.2010 Pradeep/-