PRABHASH CHANDRA MANORIA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under section 397 read with section 401 CrPC has been directed against the order dated 4.7.2001 passed by the learned Special Judge, Bhopal in Special Case No. 15/99 framing charge for offence punishable under section 13(l)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (for short the 'Act') against the petitioner.

(2.) THE facts giving rise to this petition are :

(3.) IT has further been contended that if permission to do private practice had been accorded by the Government, no offence as alleged would have been committed by the petitioner and therefore the alleged act of doing private practice does not constitute an offence under the Act. It is also contended by the learned senior advocate that heart -partients having serious ailments should have been referred to the Institution having modern -machines not available in the Hamidia Hospital and as a Doctor it was the duty of the petitioner to refer the patients to the "Hitech Centre" and therefore such act does not amount to corrupt practice as the safety of the patients is the paramount duty of a Doctor. It is also contended that the petitioner did not charge any fees while functioning as Professor in the Gandhi Medical College, and associated Hamidia Hospital, Bhopal. Since the modern machines were not available in the Gandhi Medical College and the Hamidia Hospital, Bhopal, the patients were being referred to "Hitech centre" for proper diagnosis and treatment. The act of the petitioner, therefore, does not constitute any offence under the Act.