SWAROOP NARAYAN DWIVEDI Vs. KAMLESHWAR PATEL

JUDGEMENT

(1.) On 11-05-2017, the Respondent was to have been further examined in this case however, on account of the statement made by the Ld. Counsel for the Respondent to the effect that he has suddenly fallen ill, this court adjourned the proceedings to 17-05-2017 as the same was not opposed to by the Ld. Counsel for the Petitioner.

(2.) On 17-05-2017, the Ld. Counsel for the Respondent moved an application for grant of additional time to examine the Respondent on the grounds of his illness. In support of the same, the Ld. Counsel had filed the treatment papers relating to the Respondent from Akshaya Meditech Hospital of Bhopal. The said reference was made to the All India Institute of Medical Sciences, Bhopal to rule out 'Collagen Vascular Lymphoma resistant fungal infection' and further management. Thereafter, the case was listed on the next day i.e., 18-05-2017, in order to facilitate the Ld. Counsel for the Respondent to place before this court the treatment papers relating to Respondent being treated at All India Institute of Medical Sciences, Bhopal. On 18-05-2017, Ld. Counsel for the Respondent appeared before this court and placed a copy of the affidavit executed by the Respondent in which the Respondent stated on oath that he was admitted in Akshaya Meditech Hospital from 10-05-2017 to 16-05-2017 and thereafter, he was referred to All India Institute of Medical Sciences, Bhopal at 10:00 AM and was there till 3:00 PM of 17-05-2017. Therefore, further time was requested. However, on account of the opposition from the Ld. Counsel for the Petitioner and because this Court felt it necessary to ascertain the truth relating to the facts in the affidavit filed by the Respondent, this court had directed the Superintendent of Police, Bhopal to seize all the records pertaining to the Respondent's treatment at Akshaya Meditech Hospital in original, including the bed-head ticket prepared at the hospital during the course of the treatment given to the Respondent between 10-05-2017 and 16-05-2017. A copy of the order was also directed to be given to the Ld. Counsel for the State to ensure immediate compliance.

(3.) The case was thereafter listed on 19-05-2017 for the limited purpose of perusing the documents so seized by the police. On 19-05-2017, the police gave its report dated 18-05-2017, by which it has complied with the order of this court dated 18-05-2017 and had seized the documents, which have extensively been referred to in the order dated 19-05-2017 and do not warrant a repetition herein. Thereafter, the case was listed on 22-05-2017, when Ld. Counsel for the Respondent had sought time to file a reply based on the documents seized by the police. In the interest of justice and to ensure that there was adequate opportunity given to the Respondent to explain the circumstances against him, the case was listed on 25-05-2017.