SHARDA PARIHAR Vs. STATE

JUDGEMENT

(1.) ORDER :- Through the medium of this petition (which has been made under the provisions of S. 561 A, Cr.P.C.) quashing of proceedings Police Challan No. 9/94 titled State v, Dr. Shardha Parihar offence under S. 197, Cr.P.C. initiated by the learned Chief Judicial Magistrate, Kathua is sought. Respondent No. 2 herein is the complainant and he on 29-1-94 made the complaint before the said Chief Judicial Magistrate alleging therein that his wife namely, Smt. Madhu Sambyal was treated as a patient by the petitioner-accused in the Sub-District Hospital, Hiranagar, who after accepting illegal gratification of Rs. 300/-, issued the medical certificate (Annexure-K) in her favour. The certificate is stated to be manifestly sham as being operative retrospectively. The said certificate was issued on 29-1-94 and on the same day complaint (Annexure-J) was filed by respondent-complainant No. 2 in the Court of learned Chief Judicial Magistrate, Kathua, who transferred the same for trial to the Court of Judicial Magistrate First Class, Hiranagar. The said Magistrate on 2-2-1994 sent the complaint to the S.H.O., Hiranagar for inquiry. Case under F.I.R. No. 15 of 94 was registered and after investigation it was found that petitioner-accused herein had committed an offence falling u/S. 197, Cr. P.C. Final report was submitted before the Munsif Judicial Magistrate First Class, Hiranagar, who for personal reasons declined to entertain the same and requested the learned Sessions Judge, Kathua for the transfer of the same to some other Magistrate. The learned Sessions Judge, Kathua vide his order-dated 29-4-94, transferred the said final report for trial to the learned Chief Judicial Magistrate, Kathua, who on 5-5-94 took cognizance of the report and issued process for the infraction of S. 197, Cr. P.C.

(2.) The petitioner-accused in this petition has inter-alia pleaded that she had issued the certificate in question as a public servant and in the discharge of her duties while acting as a public servant and for these reasons, any action under law could be taken after obtaining previous sanction for prosecution from her employer i.e. the Government. It is admitted that Smt. Madhu Sambyal (wife of respondent-complainant No. 2) while being an indoor patient of the petitioner-accused in Sub-District Hospital, Hiranagar had delivered a live baby and was discharged from the hospital on 20-12-93. After this, said Smt. Madhu Sambyal had been oftenly visiting the said sub-Hospital for medical treatment. On January 31, 1994, respondent-complainant No. 2 came in the hospital at a time when petitioner-accused was busy in attending a patient who was in severe labour pains. Respondents-complainant No. 2 fervently pleaded for the issuance of a certificate in favour of his wife and created an ugly scene. The petitioner-accused was put to great mental stress and strain and in order to avoid any further nuisance in the hospital atmosphere, she hurriedly issued the required certificate wherein by inadvertence the date of issuance was shown as January 29, 1994. She had to give an emergency treatment to that patient and after this she again went in the labour room but taking undue benefit of her absence respondent-complainant No. 2 affixed her seal at the place specified in the said medical certificate as the place of signature of the patient.

(3.) Heard the arguments.