Court No. - 45 Case :- APPLICATION U/S 482 No. - 33909 of 2009 Petitioner :- Varun Kumar Vishwash And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Manvendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Shri Manvendra Singh learned counsel for the applicants and A.G.A.
for the State.
After investigation of Case Crime No. 112 of 2009, P.S. Kakawan, District
Kanpur Nagar, the charge sheet under Section15(3) Indian Medical Council
Act, 1956 has been filed on which the learned Magistrate has taken
cognizable.
The main submission made by the learned counsel for the applicants is that
the offence under Section 15(3) Indian Medical Council Act, 1956 is
punishable with imprisonment for a term which may extend to two years or
with fine upto Rs. 1000/-. Hence, by virtue of part II of the First Scheduled of
the Cr.P.C., the offence under Section 15(3) Indian Medical Council, 1956,
would be deemed non-cognizable offence and in view of the Explanation of
Section 2 (d) of the Cr.P.C., the charge sheet would be deemed to be a
complaint and the procedure of complaint case ought to have been adopted by
the Magistrate, whereas the case is going on as State case, which is wholly
illegal.
Issue notice to the opposite party no. 2. Notice on behalf of the State has been
accepted by the A.G.A.
Opposite parties may file their counter affidavits within eight weeks from
today.
List in the week commencing 29th March, 2010 before appropriate Bench.
Till the next date of listing, further proceedings of Case No. 2737 of 2009
arising out Case Crime No.112 of 2009 (State Vs. Varun Kumar Vishwash
and others) under Section 15(3) of Indian Medical Counsel Act, P.S.
Kakawan, District Kanpur Nagar pending in the court of Additional Chief
Judicial Magistrate, Court No.1 Kanpur Dehat shall remain stayed.
Order Date :- 13.1.2010
AHN