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Dr Vashisth vs The State & Anr on 26 November, 2021

Author: Mukta Gupta

Bench: Mukta Gupta

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C. 1245/2021
       CRL.M.A. 6292/2021 (stay)
       DR VASHISTH                                        ..... Petitioner
                          Represented by:    Mr. Tushar Sannu, Ms. Ankita
                                             Bhadouriya, Advs.

                          versus

       THE STATE & ANR.                                   ..... Respondent
                    Represented by:          Mr. G.M. Farooqui, APP for
                                             State with SI Mahendra Kumar,
                                             PS Moti Nagar.
                                             Mr. Harsh Prabhakar, Ms.
                                             Anjana Prabhakar, Mr. Anirudh
                                             Tanwar, Advs. for R-2.

       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                          ORDER

% 26.11.2021

1. By this petition the petitioner has sought cancellation of the regular bail granted to the respondent No.2 vide order dated 7 th April, 2021 by the learned Metropolitan Magistrate as also seeks directions to conduct separate trials and issuance of directions to the Medical Council and Bar Council in FIR No. 82/2018 wherein charge-sheet has been filed for offences punishable under Sections 417/419/420/467/468/471/380/354/354-B/309/ 511/498-A/406/474/424/509/174A/34/120B IPC and Section 15 of the Medical Council Act read with Sections 26/27 of the Delhi Medical Council Act, 1997.

2. Petitioner is the daughter-in-law of the respondent No.2 and the grievance of the petitioner is that the respondent No.2 and his son misrepresented to the petitioner claiming themselves to be Doctors though they were not qualified as doctors and there are as many as 39 FIRs including the present one registered against the respondent No.2 and the son of respondent No.2 and in 9 FIRs they have been declared proclaimed offenders. Their whereabouts are not known. In the present FIR also they were declared a proclaimed offender where after with great difficulty the respondent No.2 and his son were arrested.

3. Learned counsel for the respondent No.2 on instructions states that there are inasmuch as 23 FIRs registered against the respondent No.2 and out of which in 20 cases, the respondent No.2 is either on bail or offence has been compounded and the respondent No.2 has been declared a proclaimed offender in 3 cases only and presently the respondent No.2 is not on bail in these 3 cases only. Learned counsel seeks time to file an affidavit of the daughter of the respondent No.2 or respondent No.2 himself indicating the present status of all the cases against respondent No.2 along with the orders thereon.

4. Respondent No.2 will also file an affidavit as to the immovable assets or any fixed deposit or bank accounts that are available in his name or in his family member's name as also give permanent address of the respondent No.2 where he would be residing in case bail is granted.

5. Affidavit be filed within two weeks with advance copy to learned counsel for the petitioner who will file the reply affidavit within one week thereafter.

6. Response by way of a status report will be filed by the State to the Signature Not Verified CRL.M.C. 1245/2021 Page 2 of 3 Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:29.11.2021 22:04:44 affidavit of respondent No.2 within one week.

7. List this petition on 7th January, 2022.

8. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

NOVEMBER 26, 2021 'ga' Signature Not Verified CRL.M.C. 1245/2021 Page 3 of 3 Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:29.11.2021 22:04:44