RAJ KUMAR PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) By this petition preferred under Section 482 of the Code of Criminal Procedure 1973, the petitioner is praying for issuing appropriate directions having exercised inherent jurisdiction by this Court for preventing the abuse of the process of law to secure the ends of justice so as to deprecate the practices for filing false and fake medical certificates by the accused with intend to seek temporary bail on the ground of serious ailment, being a grave offence in the eyes of law. Under these circumstances, suitable directions to prevent such irregularities in issuing the fake and false certificate by the erring officials in future with an enquiry into such serious lapses committed by them during the period from 1st January, 2011 till 31st December, 2011 year 2011 to be conducted by some competent authority within a stipulated time are solicited from this Court. The facts leading to filing this petition are that the accused Puchchi @ Himanshu Gupta/respondent No. 3, involved in Crime No. 141/2011 for committing offence punishable under Sections 302, 247, 323, 294, 147, 148 and 149 of I.P.C. During custody, the respondent/accused filed an application under Section 439 of Cr.P.C. being Misc. Cri.C.No.4735/11. Meanwhile, due to sickness, he moved I.A.No. 7325/2011 for his temporary release on bail before this Court. Alongwith the application (I.A.No. 7325/2011) filed with the main bail application, the accused furnished certain medical prescriptions from J.A. Hospital, Gwalior for perusal of this Court. While considering his prayer, this Court by an order dated 21st July, 2011 directed the State to submit a medical report regarding ailment of the applicant, within ten days.

(2.) It is submitted by the learned Counsel for the petitioner that after passing the order aforesaid, the report from Jail doctor was filed on 25th July 2011 and as per report, the accused/respondent was found to have been suffering from Hepatitis-B infection. On raising objection by the learned Public Prosecutor on the report of the Jail doctor dated 25th July, 2011, this Court again vide order dated 1st August 2011 came to hold as under:-

(3.) In compliance of the aforesaid directions of this Court dated 1st August 2011, a Medical Board was constituted consisting of Dr. Vaibhav Mishra, Dr. Mahendra Garg and Dr. Rishika Khetan working in the Microbiological Department of J.A. Hospitals. After examination by the Medical Board, the report dated 6th August 2011 was forwarded to the Superintendent of Central Jail Gwalior. As per the opinion contained in the report of the Department of Microbiology dated 6th August 2011 at col. No. 6 Australia-Antigen(HBsAg)-- was seen Negative. The said report was filed on behalf of State before this Court.