LAWS(BOM)-1999-4-36

AZMY PESI BHARUCHA Vs. STATE OF MAHARASHTRA

Decided On April 19, 1999
AZMY PESI BHARUCHA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ petition under section 482 of the Code of Criminal Procedure, 1973, being aggrieved by the show cause notice dated 3rd March, 1992, issued by the Metropolitan Magistrate, 43rd Court, Borivli, Bombay in Notice No. 250/1 of 1992, asking the petitioner to show cause as to why the petitioner should not be punished for fabricating false evidence by trying them summarily under section 344 of the Code of Criminal Procedure, 1973.

(2.) THE background which led the learned Magistrate to issue a show cause notice, as mentioned above, against the petitioner and one Dr. (Mrs.) Shrivastav, needs to be briefly narrated.

(3.) THE petitioner before this Court, Dr. Azmy Pesi Bharucha is an M. D. in Gynaecology and Obstetrics, and at the relevant time, she was working as lecturer in Cooper Hospital, a Municipal Hospital at Juhu, from 1st January, 1992 with full time clinical duties.