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Judgment
The petitioner has preferred this petition invoking inherent jurisdiction of this Court u/S 482 Cr.P.C. seeking the following relief (s):
"It is, therefore, most humbly prayed that this petition may kindly be allowed and criminal proceeding initiated against the petitioner in connection with FIR registered at Crime No.59/2017 under Section 302, 307, 147, 148 & 149 of IPC at Police Station Surpura Bhind District Bhind MP may kindly be quashed/set aside or to pass suitable order for ensuring the substantial justice."
Petitioner is one of the absconding accused in Crime No.59/2017 alleging offences punishable u/Ss. 302, 307, 147, 148 and 149 IPC at Police Station Surpura, District Bhind (M.P.) which arises out of an incident of triple murder. The name of petitioner was mentioned in the FIR and as well as in the charge-sheet as an absconding accused who was wielding a firearm and had used the same for causing gunshot injury, one of which turned out to be fatal.
Petitioner had earlier filed Mcrc.24557/2017 for quashment of FIR bearing same crime number on the ground that he was not present at the time and date of the incident and instead was admitted from 18.10.2017 to 21.10.2017 in Government Hospital Khaknar. Pertinently the date of incident is 18.10.2017.
Mcrc.24557/2017 was dismissed as withdrawn on 11.01.2019 with following directions:
"After arguing for sometime, learned counsel for the petitioner prays for withdrawal of this petition filed under Section 482 of Cr.P.C. specially when despite giving an opportunity to produce bed head ticket and other documents showing his admission in the hospital, he fairly admits that he has not been able to get hold of any such document.
Petition is dismissed as withdrawn. However at this stage, it will be appropriate to direct the Health Commissioner to institute an inquiry in the conduct of Dr. Ashwin Choudhary of Community Health Center, Khaknar, who has issued certificate, Annexure P/3 and who has mentioned on Annexure P/2, OPD ticket, that patient requires absolute bed rest for one week and he be admitted in male ward. Thereafter, he has advised to discharge the patient but has not provided any document to the patient in regard to the treatment, which was given in the hospital during the course of his admission. Therefore, prima facie involvement of the doctor to shield an accused appears to be there and therefore, Health Commissioner should conduct a detailed inquiry and furnish inquiry report within thirty days to the Registry of this Court, who shall place the report before this Court in a sealed cover alongwith the disposed of file. For this purpose copy of this ordersheet and complete copy of file be sent by the Principal Registrar of this Court to the Health Commissioner, Satupura Bhawan, Bhopal (M.P.)."
In due deference of the aforesaid order, the Commissioner, Health Services, Bhopal constituted a panel comprising of Regional Director, Joint Director and Deputy Director of Health Services to assess the genuineness of the said medical certificate produced by petitioner in support of plea of alibi.
The medical certificate was issued by Dr. Ashwin Choudhary of Community Health Centre, Khaknar certifying that petitioner was advised bed-rest from 18.10.2017 to 21.10.2017 with further direction that petitioner should be admitted to Male Ward (Hospital). The said certificate was scrutinized by the said committee and it was found that petitioner was never admitted in any hospital, however he was prescribed certain medicines in the OPD. The bed-head ticket was found to be doubtful and staff looking after the in-house patients denied that any such person as petitioner was ever admitted. Moreso, there was no document to confirm the admission of petitioner in the said hospital and therefore it was concluded by the committee that the genuineness of the certificate issued by Dr. Choudhary could not be established.
In view of above, the plea of alibi raised by petitioner cannot be prima facie accepted. However, said plea will be available to the defence during trial and any comment made in this order shall not prejudice the rights and liabilities of any of the parties in the trial.
The petition accordingly stands dismissed with following direction:
(i) The Commissioner, Health Services, Bhopal (M.P.) is directed to proceed on the disciplinary side against the said doctor, if on conducting a preliminary enquiry it is found that the doctor has committed any misconduct and thereafter proceed in terms of the relevant disciplinary/appeal rules in accordance with law.
(ii) It is made clear that the said doctor shall be afforded a reasonable opportunity of being heard in the preliminary enquiry.
(iii) Let decision be taken by the Commissioner within 60 days from today and submit compliance report to the Registry immediately thereafter failing which the case be listed in "Directions" for compliance.