Dr. Rajesh Kumar Shukla vs State of Uttarakhand and Vijay Kumar

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report registered as Crime No.207 of 2011, relating to offences punishable u/s 420, 467, 468, 471, 406 and 506 of I.P.C., Police Station Kotwali Laksar, District Hardwar.

Learned counsel for the petitioner submitted that First Information Report in question is nothing but counter blast to the First Information Report lodged by the petitioner''s wife Archana Shukla, against the respondent no.3, and his family members.

However, the allegation against the petitioner is that he was running a hospital with forged degree and thereby committing cheating. The photocopy of the degree of M.B.B.S annexed with the petition discloses that the name of the petitioner is not identical to the person awarded the degree. Copy of registration certificate (Annexure-2) shows that name of the father of the petitioner is not identical to the name of the father of the person whose name was registered as Dr. Kumar Rajesh. Annexure-4 filed with the petition shows that the person who sought his registration with Chief Medical Officer, Barielly, for working with Birendra Hospital, had Post Graduate degree of M.D (medicine), but no such degree appears to have been issued in the name of present petitioner. Name of the person, who has signed document Annexure-4 is mentioned as S.R.K.Shukla. And the photograph of the person, who had made an application in annexure-4 does not appears to be identical to the person, who sought registration with MCI (reference Annexure-2 with the petition). 5. In the above circumstances, this court is not inclined to interfere with the investigation of the case. It is a matter of investigation whether, the petitioner has committed any cheating or not.

Attention of this court is also drawn on behalf of the petitioner to Annexure-7 to the petition in which Chief Medical Officer has mentioned that Dr. Rajesh Kumar of Mohalla Shivpuri, Laksar is not a quake but a genuine case. The said fact may also be considered by the Investigating Officer during investigation.

Having considered submissions of learned counsel for the petitioner, and learned counsel for the state, and after going through the papers on record, without expressing any opinion as to final merits in the matter, the writ petition is summarily dismissed with the observation that if the petitioner Dr. Rajesh Kumar Shukla surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Interim Relief Application No. 10964 of 2011 stands disposed of).