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Judgment
R. C. Khulbe, J
This petition, under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') has been filed by the petitioner seeking to quash the summoning order dated 22.1.2005 passed by learned CJM, Udham Singh Nagar in Crl. Case No.202 of 2005, the entire proceedings of the said case as well as the charge-sheet dated 18.12.2004 submitted against him.
Facts in brief are that respondent no.2 lodged an FIR against the petitioner on 25.8.2004 at RoP Mehalchauri, P.S. Gairsain, Distt. Chamoli under Sections 420, 467 and 468 IPC with the allegations that in Criminal Case no.1331/2001 (S.T. No.307/2003) State v. Jaswant Singh & others, under Section 302 IPC, a surrender application was moved by the petitioner whereon the date was fixed for 23.2.2002. On that day, the petitioner did not appear before the Court. On the same day, counsel for the petitioner submitted the medical certificate of the petitioner to the effect that the petitioner Jaswant Singh @ Jassa remained hospitalized at Govt. Hospital Mehalchauri from 28.11.2001 to 1.12.2001 for suffering from jaundice fever. Suspecting the said medical certificate, the I.O. enquired the veracity of the said certificate after going to the said hospital and found the same to be fabricated in collusion with one Dr. Rakesh Chandra Sharma.
In pursuance to the aforesaid FIR, a charge-sheet was submitted against the petitioner, whereon, the cognizance was taken by the Magistrate concerned on 22.1.2005. Assailing all these proceedings, the petitioner has filed the present petition.
It is argued by learned Counsel that the petitioner remained hospitalized from 28.11.2001 to 01.12.2001 at Mahalchauri Hospital. The certificate obtained by the petitioner is genuine which was issued by Dr. Rakesh Chand Sharma and no fabrication, as alleged, was done by the petitioner. It is further argued that in the impugned criminal case no.202 of 2005, the main accused Dr. Rakesh Chand Sharma has been acquitted by the Court of C.J.M., U.S. Nagar on 15.1.2013. Hence, no case is made out against the present petitioner and thus, the impugned proceedings are liable to be quashed.
I have heard learned Counsel for the parties and perused the material available in the file.
The main trial bearing Sessions Trial No.307/2003, State v. Jaswant Singh @ Jassa, has resulted into the acquittal of petitioner by the Court of Addl. Sessions Judge /FTC, Kashipur, U.S. Nagar vide judgment dated 22.11.2005. Assailing the said judgment, the State preferred the Govt. Appeal No.476 of 2007 which was also dismissed by the Division Bench of this Court vide judgment dated 30.8.2012.
As far as the offences under Sections 420, 467 and 468 IPC, alleged against the petitioner, are concerned, the Court of C.J.M., U.S. Nagar has acquitted the co-accused Dr. Rakesh Chand Sharma on 15.01.2013. From a perusal of the said judgment, it is evident that the present petitioner was admitted at Govt. Hospital Mehalchauri on 28.11.2001 and discharged therefrom on 1.12.2001, and the medical certificate, which was produced by the petitioner before the Trial Court, was issued by Dr. Rakesh Chand Sharma, who has been acquitted. Moreover, PW4 Prem Ram, who was the Pharmacist at the relevant time in the said hospital, appeared and categorically proved the fact of admission of petitioner in the hospital on 28.11.2001 and his discharge on 01.12.2001. The certificate issued by Dr. Rakesh Chand Sharma has also been found to be genuine.
Since no medical certificate was found to be fabricated by the petitioner, hence the entire proceedings initiated against the petitioner are liable to be quashed.
For the reasons, as aforesaid, the present petition is allowed. The summoning order dated 22.1.2005 passed by learned CJM, Udham Singh Nagar in Crl. Case No.202 of 2005 along with the entire proceedings of the said case as well as the charge-sheet dated 18.12.2004 submitted against the petitioner, are hereby quashed.
Pending application, if any, stands disposed of.