RAKESH ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED counsel for the petitioner says that allegation against him is that he was negligent in performing his duty by not attending the patient who died and he demanded a bribe of Rs.5,000/-. On this allegation, FIR was registered under Section 304 IPC. LEARNED counsel for the petitioner submits that apart from settlement with the complainant, the petitioner has been exonerated in the departmental inquiry vide order dated 28.3.2005, Annexure P.5. It is also pointed out that sanction has been declined vide order dated 21.10.2005 which was a part of challan and thus though corruption Act was added, in view of order declining sanction, the petitioner could not be prosecuted under the Corruption Act.

(2.) I have heard learned counsel for the State who does not dispute these facts and states that prosecution of the petitioner will be futile in the above circumstances. In view of the above, proceedings in FIR No.195 dated 28.5.2004 under Section 304 IPC registered at Police Station Shahbad, District Kurukshetra are quashed. Petition is disposed of.