SYED SAJAD NAZIR Vs. STATE OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing of proceedings under file No. 250/B titled State v. Dr. Syed Saj ad Nazir arising out of FIR No. 71/2013 u/s 420R.P.C of Police Station Karan Nagar, Srinagar, pending before the court of Special Mobile Magistrate, Passenger Tax Electricity, Srinagar on the following grounds:-

(2.) Mr Salih Pirzada, learned counsel for the petitioner has vehemently argued that the pendency of the criminal proceedings before the court of Special Mobile Magistrate, Passenger Tax Electricity, Srinagar is nothing but abuse of process of law as the bare perusal of the complaint pursuant to which FIR was lodged would reveal no offence under Section 420 RPC is made out and it is further urged that for prosecuting a government servant, the sanction from the Government is required particularly when there are allegations that offence was committed by the public servant while discharging his official duties.

(3.) Response stands filed by the respondents in which it is stated that SHO Police Station Karan Nagar, Srinagar received complaint from Naseer Ahmad Dar S/o Gh. Rasool Dar R/o Wagat Handwara that his mother was admitted at SMHS Hospital Srinagar under MRD No. 106252 for undergoing treatment on 10th September 2013 in SU-1 due to kidney problem and before admission in SMHS hospital, his mother was under treatment with the petitioner at Private Clinic Empire Urological clinic at Batamaloo where he was treating and prescribed her various tests which cost a lot. Due to unaffordable of high spending on tests they decided to go to SMHS Hospital where she was admitted under MRD No. 106252, where he gave the surgery date to the patient as 2nd October 2013 and told the attendants to purchase the surgical equipment from his private clinic. Later, they approached the private clinic and purchased the surgical equipment against proper receipt. The complainant further alleged that the said doctor compelled him for purchase of surgical equipment from the private clinic for illegitimate profits. On this complaint, FIR for commission of offence under Section 420 RPC was registered against the petitioner in the Police Station concerned and after the conclusion of the investigation, the challan for commission of offence under Section 420 RPC was filed against the petitioner and the same is sub-judice before the court of Passenger Tax, Srinagar.