SWAPAN KUMAR CHAKRAVORTI Vs. STATE OF WEST BENGAL
LAWS(CAL)-1994-12-20
HIGH COURT OF CALCUTTA
Decided on December 12,1994

SWAPAN KUMAR CHAKRAVORTI Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

- (1.)The petitioner in this application has, inter alia, prayed for the following reliefs :
a) A writ in the nature of Mandamus may be issued commanding the Respondents or Respondent/Respondents concerned to quash and/or set aside the purported Criminal Proceeding being G.R. No. 315/84 (T.R. No. 210/87) under S. 419 of IPC pending in the Court of the learned S.D.J.M. at Barasat, North 24-Parganas and grant full and/or final registration in favour of the petitioner as a Medical Practitioner on the basis of his application for final registration which is being withheld by the West Bengal Medical Council and/or forbear from taking any step or further step pursuant to the purported criminal proceeding would cause prejudice to the petitioner in any manner whatsoever in violation of Art. 21 of the Constitution of India in any manner whatsoever till the disposal of the writ application;

b) A writ in the nature of certiorari may be issued directing the concerned Respondent/Respondents to produce before this Hon'ble Court all records relating to the purported Criminal Proceeding so that conscionable justice may be done by quashing and/or setting aside the purported Criminal Proceeding pending against the petitioner as above after holding and/or declaring the purported proceeding as illegal arbitrary, mala fide, without jurisdiction and grossly violative of Art. 21 of the Constitution of India.

(2.)The fact of the matter lies in a very short compass.
(3.)The petitioner is said to have passed the M.B.B.S. Examination from Rajsahi University, now in Bangladesh whereat he also underwent Internship training. The petitioner allegedly obtained Indian citizenship on 20/09/1977. On 7/01/1981 he applied for Provisional Registration before the West Bengal Medical Council in terms of the provisions of S. 25(1) of the Indian Medical Council Act, 1956. The Medical Council of India directed him to take practical training for one year in India whereafter he received an appointment letter from the Director of Health dated 14/08/1981 asking him to do the Internship (Practical Training) for one year at Bongaon Dr. J. R. Dhar Sub-Divisional Hospital, 24-Parganas (North).


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