RAMA KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of Cr.P.C. for quashment of FIR bearing Crime No 263/2018 registered at Police Station Sanyogitaganj District Indore for offence under Section 228-A of I.P.C, section 23(4) of POCSO Act and 74 of Juvenile Justice Act (Care and Protection of Children) Act 2015.

(2.) Brief facts of the case are that the applicant is working Nurse at M.Y. Hospital, Indore. One minor victim of offence under Section 376 of I.P.C. and 5/6 of POCSO Act was admitted on 27.06.2018 in M.Y. Hospital for medical examination and treatment. Firstly she was admitted in ward No.15 of the hospital thereafter she was shifted to private ward No.307, in which one woman constable was deployed for the security of the victim. She was instructed not allow to anyone to go inside the room with a mobile phone. It is alleged that when the constable asked the applicant for her mobile phone then she has refused to hand over her phone. However upon the instructions of Hospital Superintendent she has given her mobile phone to the woman constable and upon opening the gallery of her cellphone two photo of victim and some photographs of her treatment documents were found. Thereafter on the instructions of the Superintendent of M.Y. Hospital an FIR was registered against the applicant for the commission of offence under Section 228-A of I.P.C., Section 23 (4) of POCSO Act and Section 74 of Juvenile Justice (Care and Protection of Children) Act 2015 against the applicant. After completion of investigation, charge sheet was filed before the competent court.

(3.) Learned counsel for the applicant has submitted that applicant is innocent and she has not committed any offence. None of the offences as charged against the applicant are made out. Learned counsel for the applicant further submitted that although pictures of victim have been found in the mobile phone of applicant but there is no allegation that she has printed or forwarded the said photographs or contents regarding the victim in social media. Some of the medicines were not available in hospital and for bringing them from outside the campus, the photo of the prescription and victim were taken and saved in the gallery of the mobile phone. If the allegation made in the charge sheet against the applicant is accepted in its face value there is nothing on record to establish that the applicant has printed, forwarded or circulated the name or photographs of the victim, therefore prima facie no offence is made out against the applicant. The registration of the FIR against the applicant is clear abuse the process of law. Hence, learned counsel for the applicant prays for quashment of FIR and all other consequential proceedings.