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1 - 10 of 17 (0.41 seconds)The State Of Uttar Pradesh vs Akhil Sharda on 11 July, 2022
15.1 It has been submitted that the appropriate authority is not properly
constituted. It has been submitted that the appropriate authority has not taken any
advice from the advisory committee and the appropriate authority has not complied
with Section 17d of the Act and the appropriate authority has failed to follow Section
17 (1) of the Act. It has been submitted that there is no private or public complaint
against Dr. VK Sehdev and that Dr. Aruna Jain has almost issued 200 notices
throughout her tenure and she let off various doctors on account of extraneous
considerations and since Dr. VK Sehdev refused to fulfil her demands, she moved the
present complaint solely to harass the accused. It has been submitted that Form F is
not filled by a surgeon. It has been submitted that the documents seized on the day of
raid were not sealed and that there is no public witness. It has been submitted that the
statutory compliance of the present act is mandatory since the act is draconian in the
sense that after the framing of charge, license of the doctor gets suspended. It has
been submitted that since the statutory procedure has not been followed by the
appropriate authority. Accused persons are entitled to be acquitted.
15.2 Reliance was placed on the judgment of State of Uttar Pradesh Vs. Akhil
Sharda and Ors., MANU/SC/0841/2022, State of Uttar Pradesh Vs. Akhil Sharda,
Crl.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 26 in The Indian Penal Code, 1860 [Entire Act]
"The Hon'Ble Supreme Court In The Case Of ... vs State Of Andhra Pradesh [2007 R.Cr.D on 19 January, 2016
g) Harbir Singh Vs. Sheeshpal and Ors., (2016) 16 Supreme Court Cases
418
h) Dinesh Vs. State 2025 SCC Online DEL 4586
KARANBIR Dr. Aruna Jain Vs. Dr. VK Sehdev and Ors. Case no. 512553/2016 PS Timar Pur 62/72
SINGH
Digitally signed by
KARANBIR
SINGH
Date: 2025.11.27
17:34:00 +0530
14. Contentions of Dr. Anil Grover:
14.1 It has been submitted that as per rule 13 of 1996 Rules, the intimation of
Nazir Ahmad vs Emperor (No. 2) on 16 June, 1936
Appeal No. 840/2022, Supreme Court, Nazir Ahmed Vs. Emperor, PCA No.
11/1936, Ravinder Vs. State of Haryana (supra).
Ravinder Singh vs State Of Haryana on 7 February, 1975
Appeal No. 840/2022, Supreme Court, Nazir Ahmed Vs. Emperor, PCA No.
11/1936, Ravinder Vs. State of Haryana (supra).
Smruti Tukaram Badade vs The State Of Maharashtra on 11 January, 2022
In the case of Tukaram Vs. State of Maharashtra (supra), it has been
held that reading Section 30 with Rule 12, the Section is mandatory. The Hon'ble
High Court further held that when the law prescribes or requires a thing to be done in
a particular manner it should be done in that manner and not at all. The aforesaid
judgment is clearly applicable to the facts of the present case and as a result of
violation of the mandatory procedure, the case of the complainant falls under a
shadow of doubt and benefit of the lapse has to be given to the accused persons. The
contention of Ld. APP that public persons rarely join is acceptable to the court as the
provision is mandatory in nature.
Ravinder Kumar Goel vs The State Of Haryana on 15 February, 2023
23. It is noteworthy that the Hon'ble Supreme Court in the case of Ravinder
Kumar Vs. State of Haryana (supra) has held that if no legal decision is made by the
appropriate authority under Sub Section 1 of Section 30, then the decision to carry
out the search is an individual decision of the concerned Civil Surgeon and the action
of search is itself vitiated. The aforesaid judgment is clearly applicable to the present
facts. The relevant paragraph is: