JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Misc. No. 22413 of 2010 & Criminal Misc. No. 65228-M of 2005 Application is allowed. Exemption from filing certified copy of judgment (Annexure P-15) is granted. Criminal Misc. No. 22412 of 2010 in Criminal Misc. No. 65228-M of 2005 Application is allowed. A copy of judgment, dated 24th July, 2009, passed by Sub Divisional Judicial Magistrate, Balachaur annexed therewith as Annexure P-15, is taken on record. Criminal Misc. No. 65228-M of 2005 Present petition has been filed under Section 482 Cr.P.C. on behalf of 23 petitioners praying that complaint titled 'Bikram Singh v. Jasvir Singh and others' dated 17th April, 2003 (Annexure P-9) and the summoning order dated 22nd May, 2004 (Annexure P-10) be quashed along with all subsequent proceedings.

(2.) Respondent No. 2 - Bikram Singh had instituted a complaint dated 17.04.2003 (Annexure P-9), in which a grievance was projected that the accused had submitted an application (Annexure P-2) to the Health Minister, Punjab, Chandigarh with an allegation that respondent No. 2 - Bikram Singh, being a Punjabi teacher in Government School, was running a clinic and was carrying on medical practice. He, being not qualified, was not entitled to carry-on the practice of medicine and project himself as a doctor. It was further stated that respondent No. 2 had pasted stickers of Red Cross on his Maruti car and scooter.

(3.) In the present petition, it is averred that in pursuance of application (Annexure P-2), in fact a raid was conducted and medicines, detailed in Annexure P-3, were recovered from respondent No. 2. Joginder Singh Nambardar - petitioner No. 17, signatory to Annexure P-4, along with other persons, had found one patient Kuljit son of Tarsem taking treatment from respondent No. 2. It is a case of the petitioners that a case FIR No. 26 dated 02.08.2005 was also registered at Police Station Pojewal, District Nawanshahar under Section 15 of the Indian Medical Council Act and Sections 218, 419, 34 IPC against respondent No. 2 - complainant.