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
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