SUBHASH CHANDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) -Heard Sri P.N. Mishra, learned Senior Advocate, for the applicant and the learned A.G.A. for the State.

(2.) The allegation against the applicant is that the applicant has issued a false medical Certificate to one Smt. Jaya Sharma and the entire episode of issuance of such fake Certificate on an alleged payment of bribe has been recorded in a sting operation conducted by the complainant and his associates, where after the F.I.R. was lodged. The complainant is one Arvind Chaturvedi, who has disclosed his occupation by a TV correspondent, of a channel known as "India TV". The F.I.R. alleges that the Certificate was in respect of fabricated injuries which were prepared by one Subhash, who is a sweeper in the hospital where the applicant is posted as a Physician. It is alleged that another sweeper Chandra Pal accepted a bribe of Rs. 5,000.00 which has been given in front of the applicant and Subhash where after the applicant issued a medical Certificate.

(3.) Sri Mishra has urged that the applicant has not accepted any bribe nor has he issued any fake Certificate and that the sting operation has been manufactured with a view to implicate the applicant. The Certificate was issued on a proper physical examination of the concerned lady. There was no apparent reason for not examining the lady who had some scratches on her body. Such sting operations are being carried out in order to blackmail people holding public offices. Sri Mishra contends that there is no legal sanctity of such a sting operation inasmuch as such an evidence allegedly caught on a Camera is inadmissible and is of no evidentiary value acknowledged in law. He further contends that such films are even prepared by persons who are interested in selling sensational news and there is every possibility of an edited version being shown on the Television. It is urged that no action can be taken on the basis of such evidence and at the best it may be only a lead in investigation. Such activities are carried out at times even by unscrupulous individuals with a view to malign the image of respectable persons of the Society. The applicant is almost on the verge of retirement and has had an unblemished career.