Court No. - 49
Case :- APPLICATION U/S 482 No. - 6134 of 2010
Petitioner :- Dr. Ashutosh Gupta Respondent :- State Of U.P. And Another Petitioner Counsel :- S.R. Verma Respondent Counsel :- Govt. Advocate
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned AGA for the State- respondent.
The present application under section 482 Cr.P.C. has been filed for quashing of the Complaint Case No. 6874 of 2009: Sonu Singh Vs. Dr. Ashuthosh Gupta, under sections 337, 338 IPC, PS Panki, District Kanpur Nagar, presently pending in the Court of learned ACMM VII, Kanpur Nagar and also the summoning order dated 27.10.2009.
It is contended that the applicant is a senior and reputed surgeon of Kanpur who has been falsely implicated at the behest of opposite party no. 2 and a civil case for grant of compensation against him is still pending. The applicant has relied on two decisions of Apex Court in Malay Kumar Ganguly Vs. Sukumar Mukherjee and others, with Dr. Kunal Saha Vs. Dr. Sukumar Mukherjee and others, reported in 2010 AIR SCW 769 and Kusum Sharma and others Vs. Batra Hospital and Medical Research Centre and others, reported in 2010 (1) Supreme 519 in support of his contention. Issue notice to respondent no. 2 returnable within 4 weeks, who may file his counter affidavit within the said period. Learned A.G.A. may also file his counter affidavit within the same time.
Rejoinder affidavit may be filed within 2 weeks thereafter.
List thereafter before the appropriate bench.
Till the next date of listing, no coercive measures will be taken against the applicant in the aforesaid criminal case.
Order Date :- 16.3.2010 sks-grade iv
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