(1.) THE petitioners seek issuance of an appropriate writ/order/direction in the nature of prohibition quashing the orders dated 8th June, 2006 and 4th November, 2006 passed by the learned ACMM, New Delhi in case FIR No. 305/ 2006, Police Station Sarita Vihar, New Delhi. The facts leading to the filing of the present writ petition are as follows: On 01.02.2006, FIR No. 104/2006 was registered under Sections 19, 21A, 25, 27 and 29 NDPS Act against Rahul Mahajan and others by Police Station Tughlaq Road, New Delhi. On 08.06.2006, an application was filed by the SHO, Inspector Madanjit Singh, Police Station Tughlaq Road in the Court of the learned ACMM for the registration of a case under Section 182 IPC against the doctors and management of Apollo Hospital, wherein it was stated that since the offence under Section 182 IPC was a non -cognizable offence and the police cannot enter into investigation of such an offence suo moto, permission for investigation of the case under Section 182 IPC may be given.
(2.) ON the above application, Dr. Kamini Lau, ACMM, New Delhi passed the following order:
(3.) ON consideration of the charge -sheet, the complaint of Inspector Madanjit Singh and the documentary evidence gathered in the course of investigation, the ACMM passed the order dated 04.11.2006, taking cognizance of the offences under Sections 182/201/109/114/120 -B IPC and also suo moto cognizance of the offences under Sections 177 and 193 IPC. The order dated 4th November, 2006, the quashing of which is sought in the present writ petition, reads as follows:
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