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Showing contexts for: 211 crpc in Kamal Arora vs State & Ors on 14 February, 2023Matching Fragments
% 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 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.
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.