NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition filed under Sec. 482 of Cr.P.C. is for quashing of FIR No.331 dtd. 10/6/2019 registered under Ss. 147/149/323/506 of the Indian Penal Code, 1860 (hereinafter to be referred as "the IPC") at Police Station City Narnaul, District Mahendergarh (Annexure P-3) and all the subsequent proceedings arising therefrom.

(2.) A perusal of the FIR would show that the present case has been registered on the complaint of Dr. S.N. Sharma, R.T.D. Civil Surgeon on the allegations that after the death of one patient Ompati, her relatives started making phone calls and they called other persons, who after reaching the Hospital, started creating turmoil and disturbance in the Hospital and they threatened to murder the Doctor and when the respectable Doctors of I.M.A.also reached on the spot, they threatened them to go outside and on not doing the same, they beat up the said Doctors of I.M.A. and even snatched important papers from their hands and also threatened them to go. It is further alleged that the staff members have great danger to their life and property from the said persons. In the FIR, it has been stated that Haryana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2009 is applicable to Haryana and thus, accordingly the FIR was registered. A perusal of the FIR would show that there is CCTV footage and the photographs which have been seen and considered by the ASI and the present FIR has been registered.

(3.) Learned counsel for the petitioners has submitted that in fact, the present FIR is a counter blast to FIR No. 325 dtd. 8/6/2019 registered by petitioner No.l against Dr. Pankaj Parashar and Dr. Raj Kumar Sharma. It is further submitted that the present FIR No. 331 has been registered after a delay of 2 days. It is also submitted that in the present case, no offence under Sec. 147 of the IPC for rioting has been made out. Reference has also been made to Sec. 146 of the IPC. It is further submitted that the offence under Sec. 323 of the IPC is also not made out as it has not been specifically stated as to which person has been beaten up and offence under Sec. 506 of the IPC is also not made out as it is only an empty threat that is alleged to have been given.