DEVINDER MOHAN THAPA (DR. (PROF)) Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-2-9
HIGH COURT OF MEGHALAYA
Decided on February 03,2020

Devinder Mohan Thapa (Dr. (Prof)) Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

H.S. Thangkhiew,J. - (1.) By way of this application under Section 482 of the Code of Criminal Procedure, the petitioner is seeking quashment of criminal proceedings emanating from the FIR dated 01.05.2019 filed by respondent No. 2 on the basis of which Rynjah P.S. Case No. 58(5) of 2019 under Sections 341 and 354 A has been registered.
(2.) The case of the petitioner is that on 30.04.2019 while he was on rounds in the Hospital (NEIGRIHMS) he noticed that two persons with bags, entering the Hospital had been stopped by the security personnel present. On inquiry it was revealed that the said persons were carrying unauthorised medical equipment to the Cathlab in the Department of Cardiology. The said two persons along with the medical devices were then taken to the Chief Security Officer, and on further enquiry it was discerned that the said medical equipment was from M/s Sanjo Medical (a private pharmacy) allegedly for use of patients, who were to undergo cardiac intervention on 30.04.2019.
(3.) It is the further case of the petitioner that the respondent No. 2, proprietor of M/s Sanjo Medical had entered the Cathlab without any valid authorisation at around 2 PM with the said two persons, who had carried the medical equipment, and exited the same at around 7 PM with certain medical devices. On being stopped by the security personnel, the medical equipment seized and brought before the Vigilance Officer, the respondent No. 2 it is alleged created a huge ruckus in the office of the Vigilance Officer. An inquiry was then initiated consisting of the Medical Superintendent, Deputy Hospital Administrator and Head of Department of Forensic Medicine to enquire into the incident of 30.04.2019. The Committee thereafter submitted a report indicting the respondent No. 2 along with certain doctors of NEIGRIHMS.;


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