BAL KRISHAN FAUZDAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner Bal Krishan, an accused in FIR No.431 dated 29.6.2017 for offences under Sections 336, 420 IPC and Sections 15(2)(3) of Indian Medical Council Act, registered with Police Station Hodal, District Palwal.

(2.) Briefly stated, the facts of the case as per prosecution version are that Dr.J.P. Parshad (Nodal Officer), PNDT Palwal had addressed a written complaint to SHO, Police Station Hodal on 27.6.2017 contending therein that on the said day a team of Health Department headed by Dr.J.P.Parshad having been accompanied by a police Constable, on a secret information had raided clinic of Dr.Bal Krishan, an unauthorized doctor, during the course of which, he was found to be present there; that he was asked to show the documents authorizing him to practice medicine; that Bal Krishan showed document of Hindi Sahitya Samellan, Allahabad; that he was found to be not competent to practice in allopathy, thus he is a bogus doctor; that the team prepared a spot memo of three pages; that after that 10 type of of medicines and 5 type of instruments used for medical practice were sealed in a box, in that way Bal Krishan is a bogus doctor and is running his clinic in an illegal manner, therefore, it was prayed that an FIR under Sections 336/420 IPC and Sections 15(2) and 15(3) of IMC Act was registered against him. It was accordingly so done vide FIR No.431 dated 29.6.2017.

(3.) On registration of formal FIR, apprehending his arrest in this case, the petitioner had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application. His such application had been assigned to learned Additional Sessions Judge, Palwal, who vide order dated 5.7.2007 dismissed the same, as such the petitioner has approached this Court asking for similar relief.