Surinder Gupta, J. - (1.) PETITIONER Dr. Ravinder Kohli has filed this petition under Section 482 Code of Criminal Procedure (for short 'Cr.P.C.') seeking the relief as follows: - Petition under Section 482 Cr.P.C. praying for quashing of order dated 5.4.2008 of learned Sub Divisional Judicial Magistrate, Rajpura (Annexure P -5) whereby application under Section 197 Cr.P.C. for not taking cognizance of the case, was dismissed as well as judgment of learned Additional Sessions Judge dated 30.10.2009 (Annexure P -6) dismissing the revision petition filed by the petitioner in case FIR No. 86 dated 8.5.2005 under Sections 465, 469, 471, 193, 194, 195, 196 and 120 -B IPC, Police Station City Rajpura.
(2.) AT the relevant time, petitioner was posted as P.C.M.S. (doctor) at A.P. Jain Hospital (a Government hospital), Rajpura. During his posting as Medical Officer, he conducted the medical examination of one Gurnam Singh in case bearing FIR No. 68 dated 5.12.2004 under Sections 323, 324 read with Section 34 Indian Penal Code (for short 'IPC') registered at Police Station Mullepur, District Fatehgarh Sahib. The accused in the aforesaid case made a complaint of fabrication of injury on the person of injured Gurnam Singh and a Board of Doctors was constituted which gave the report regarding the injuries on the person of Gurnam Singh as follows: Proceeding of the medical board held in the Office of Civil Surgeon, Patiala on 27 -1 -05 This is with ref. to the request made by Chet Singh S/o. S. Saun Singh village Bras district Fatehgarh Sahib. He made the request of 16 -12 -04 to the Civil Surgeon, Patiala with the affidavit attached or a complaint against Gurnam Singh S/o. Bahadur Singh, village Bras, distt. Fatehgarh Sahib and Dr. Ravinder Kohli, AP Jain Hospital, Rajpura. A board comprising of Dr. S.P. Sharma, ACS Patiala, Dr. Harjinder Singh, MO CHC model town and Dr. Sanjeev Sarin, MO Arya Smaj was constituted. The board held its meeting in the office of Civil Surgeon Patiala on 27 -1 -2005, previously patient Gurnam Singh S/o. Bahadur Singh did not appear for the board on 28 -12 -2004. On scrutinizing the records, the board observed that: 1. MLR is vague in nature. 2. Injury no. 3 mentioned in MLR is inconsistent with injury scar mark present over the body of injured Gurnam Singh. Injury no. 4 and injury no. 5 mentioned in the MLR are also inconsistent with the injury scar marks present over the body of injured Gurnam Singh. Similarly the photocopies of indoor bed head ticket checked by the undersigned is also enclosed with this letter. After going through all the documents, the board is of the opinion that injury no. 3 scar is inconsistent with the injury mark. The injury has been given grievous without substantiating the injury with the X -ray findings. Similarly the injury no. 4 and 5 mentioned in the MLR are also inconsistent with the injury scar mark present in the body of the injured. Similarly, the bed head ticked presented by Dr. Ravinder Kohli is incomplete. There is no signature/thumb impression on the bed head ticket of the patient. The notes on indoor file are incomplete and sketchy and seems to be written on a single day with the same pen. In all probability this medico legal injury seems to be self inflicted and assisted by Dr. Ravinder Kohli. 3. This led to registration of a case against the petitioner and Gurnam Singh vide FIR No. 86 dated 08.05.2005 for the offences punishable under Sections 465, 469, 471, 193, 194, 195, 196 and 120 -B of Indian Penal Code at Police Station City Rajpura. On presentation of challan, the petitioner moved an application seeking his discharge for want of compliance under Section 197 Cr.P.C. which was declined by the trial Court vide order dated 05.04.2008 (Annexure P -5). The revision petition against that order was also dismissed by the Additional Sessions Judge, Patiala vide order dated 30.10.2009 Annexure P -6. The petitioner has sought the quashing of both the above orders.
(3.) I have heard learned counsel for the parties and have perused the paper book with their assistance.;