Delhi High Court - Orders
Kamal Arora vs State & Ors on 14 February, 2023
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3004/2018, CRL.M.A. 10591/2018,CRL.M.A.31242/2019,
CRL.M.A. 38822/2019 & CRL.M.A. 38823/2019.
KAMAL ARORA ..... Petitioner
Through: Mr. P.S. Singal and Mr.Sunil Kumar,
Advocates alongwith petitioner in
person.
versus
STATE & ORS ..... Respondent
Through: Mr. Lakesh Khanna, APP for the State
with SI Saurabh Kumar, PS:
Nanakpura, ND.
Sh. Aditya Kaushik, Counsel for
R-5&6..
Sh. Arjun Dewan, Adv. for R-7.
Sh. Aditya Sharma, Counsel for R-8.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 14.02.2023
1. This petition has been filed seeking setting aside order dated 5 th April 2018 passed by the learned ASJ in appeal under Section 341 of Cr.P.C, seeking initiation of proceedings under Section 195 Cr.P.C and Section 211 Cr.P.C as also initiating inquiry under section 340 Cr.P.C against accused Nos. 5 to 8, including the investigating officer, the doctor and relatives of the appellant. Gravamen of the grievance of the petitioner is that the respondents have conspired to create a medical prescription issued by the respondent No. 7, the psychiatrist, in order to implicate the suggestion of marital stress having caused these mental disturbances. According to the petitioner, based Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:15.02.2023 19:10:50 upon this allegation against the accused were made and she was made to think that the accused was trying to harm her by giving her medicines even after a successful marriage of 17 years. The specific allegation is particularly against the doctor (Dr. Puneet Dwivedi, respondent No.7), stating that he had given a false medical certificate and based on that the wife was able to complain that she was being harassed by her husband.
2. The Court has had the occasion to peruse the record aside from the impugned order which is reasonably detailed. The perusal of the concerned prescription regarding which the petitioner has grievance notes the investigation and diagnosis and observation of the doctor in relation to mental issues which the wife of the petitioner seem to be going through. The mention of marital stress comes in the clinical summary, as part of the diagnosis which is made on the basis of four axes, viz. Axis I-IV, where the observations of the doctor have been recorded and as part of Axis-IV where "marital stress" is mentioned.
3. The clinical summary prefaces this and the medical diagnosis records in detail that the patient (wife of the petitioner) was accompanied by the petitioner and had concerns of restlessness, low moods, sleep disturbance, feeling worried, fearful and threatened for her well-being and feeling extremely stressed and was having difficulty maintaining her social, occupational and personal functioning. Based on these symptoms, clinically she was started on medication as she was having early symptoms, "suggested of psychosis". Certain medicines were prescribed and the summary notes that she showed improvement after a couple of months when her dosage was accordingly adjusted to a maintenance dose. It yet again records that she visited with her husband (the practitioner) in the month of Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:15.02.2023 19:10:50 January 2013, where she was displaying significant reduction in symptoms.
4. The respondent No. 7 has contended refuting the allegations of the petitioner that the allegations under Section 195 Cr.P.C were not made out since there was no tampering of the document which had been produced, i.e. the prescription, secondly the charges of Section 211 Cr.P.C would also not be made out since there was no charge or allegation made by the respondent against the petitioner. The respondent No. 7 has submitted that he had treated the patient from September, 2012 to January 2013 for psychiatric symptoms at Fortis Hospital, Vasant Kunj, where she was accompanied with the petitioner. He has further clarified that it is being wrongly alleged that the respondent was diagnosed with schizophrenia since the reference to "paranoid sx" in the prescription dated 10th November, 2012 has been misinterpreted as being a diagnosis of schizophrenia where as "sx" is a symbol used in medical fraternity for "symptoms". There are various other details which have been mentioned in the written submissions filed by the respondent No. 7 regarding the diagnosis.
5. Having heard the contention of the parties and in view of these facts and circumstances, this Court is of the considered view that the grievance of the petitioner is exaggerated out of proportion and in fact is based on untenable grounds. In particular, there is nothing on record to show that the respondent No. 7 had any animus against the petitioner in particular and was merely acting as a professional who in his best estimation had recorded the diagnosis, the symptoms and provided the medication. If as part of his diagnosis of a mental condition, the issue of marital stress came up as may have been mentioned by the patient, he was bound to record it. In fact, not recording it would have been an issue of malpractice considering in Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:15.02.2023 19:10:50 assessment of psychiatric conditions all aspects relating to social ties, or family or relationships are important for achieving a proper diagnosis. The allegation that such a noting on the clinical summary led to the petitioner's matrimonial disputes, is far-fetched, remote and way too tenuous to accept.
6. It had been directed in the order dated 14th December, 2022 that the petitioner was using social media to criticize respondent No. 7 and making statements in that regard and therefore to delete his messages. The petitioner has submitted an affidavit that he has duly deleted his messages in this regard. The compliance affidavit is duly noted.
7. In this view of the matter, no further directions are required. The petition is dismissed.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 14, 2023/RK Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:15.02.2023 19:10:50