- (1.) R. K. Rastogi, J. This is an application for modification/recall of order dated 16. 11. 2007 passed by this Court in Cri. Misc. Application No. 2984 of 2005 under section 482 Cr. P. C.
(2.) THE facts relevant for disposal of this application are that the applicant had filed an application under section 482 Cr. P. C. to quash the charge sheet submitted against him in case crime No. 54-A of 2002 of police station Sujanganj district Jaunpur under section 15 (3) of the Indian Medical Council Act, 1956. THE allegation against the applicant was that though he did not possess any medical degree or licence to practise as a doctor, yet he was functioning as a doctor in violation of the above Act and so a case was registered against him on the report of Dr. R. C. Upadhyay as case crime No. 54-A. of 2002 and in that case police had submitted charge sheet against him. He challenged the charge sheet and alleged in the application under section 482 Cr. P. C, that his name was doctor, but he was not working as a medical practitioner and he was an agriculturist and has been wrongly charge sheeted. The above allegation of the applicant was refuted by the State in the counter-affidavit in which it was alleged that the applicant had opened a clinic in the name of Doctor Dubey and he was found examining patients and administering medicines without any licence. The applicant had also filed a rejoinder affidavit denying the allegations made in the counter affidavit. After hearing both the parties I had rejected the above application under section 482 Cr. P. C. on the ground that the pleas taken by the applicant were factual which could be substantiated at the proper stage during trial of the case and there was no illegality in the order passed by the Court. Now the applicant has moved this application for modification/recall of the above order dated 16. 11. 2007.
(3.) I have heard learned Counsel for the applicant and the learned A. G. A. for the State. The applicant's learned Counsel referred to para 2 of the applicant's affidavit dated 4. 4. 2005 filed in support of the application under section 482 Cr. P. C, which runs as under: " That the applicant is an agriculturist fully and exclusively dependent upon farming. ";