STATE OF U.P. Vs. RAJEEV KULSHRESHTHA

JUDGEMENT

(1.) The present application under section 482 Cr.P.C. has been filed for quashing of the impugned judgment and order dated 18.6.2015 passed by Sessions Judge, Etah in Criminal Revision No.Nil of 2015 and order dated 11.6.2015 passed by C.J.M.Etah in Misc. Application No.250 of 2015, arising out of case crime No.782 of 2015, under sections 420, 417, 418, 423 IPC & 18 of the Transplantation of Human Organs Act, 1994, P.S. Kotwali Nagar, District Etah.

(2.) The brief facts of the case are that the District Magistrate, Etah received a complaint on 19.5.2015 from one Chandra Pal s/o Harikesh stating that he has admitted his wife Smt. Meera in Etah Surgical Centre, Etah which is owned by Dr.Rajeev Kulshreshtha and for the treatment of his wife Rs.26,000/- was settled. Chandra Pal was a poor and handicapped person and he had collected the money from the villagers and paid total amount of Rs.30,000/-to him but inspite of the fact Rs.8,000/- was being further demanded by Dr.Rajeev Kulshrehshtha and when he showed helplessness to pay the same he was threatened that his wife would be injected some poisonous injection, killed and thrown out from the Nursing Home. He also lodged a complaint at P.S. Kotwali Nagar, District Etah informing about said fact. He further stated that Dr.Rajeev Kulshreshtha had also obtained his thumb impression on a blank paper and further threatened him of dire consequences to his life.

(3.) The said complaint was also made to the District Magistrate and the same was forwarded to the Addl. District Magistrate(Admin.), Etah who further ordered for an enquiry to be conducted by the Chief Medical Officer, Etah and constituted three-members Committee alongwith the C.M.O.. S.D.M. and Circle Officer, Etah.