PANKAJ BHANDARI, J. - (1.) Petitioner has preferred this Criminal Miscellaneous Petition seeking quashing of F.I.R. No. 0238/2019 dated 11.5.2019 registered at Police Station Kotwali Dausa Distt. Dausa, Raj. for offence under Sections 420 and 419 of I.P.C. and Sections 15(2) and 15(3) of Indian Medical Council Act, 1956; Section 18(C) of Drugs and Cosmetics Act, 1940.
(2.) It is contended by Counsel for the petitioner that petitioner vide order dated 31.3.1973 issued by Office of the Drugs Inspector & Health Officer, Jaipur, was permitted to work as R.M.P. He on the directions of the Medical and Health Department gave his services for eradication of Polio and Malaria etc. and was given appreciation Certificate by C.M.H.O. from 1996 till 1999. A complaint was lodged by the Drugs Inspector under Section 27 of the Drugs and Cosmetics Act, 1940. The said complaint was dismissed and judgment was passed in favour of the petitioner on 7.11.1988. An Appeal preferred by the State of Rajasthan before Rajasthan High Court bearing Criminal Appeal No. 139/1989 was dismissed on 23.11.2007. Petitioner being a tenant in shop, second set of litigation was initiated by his landlord and F.I.R. was lodged on 6.9.2011. Police submitted negative final report on 28.11.2011.
(3.) It is also contended that in the Government Portal dated 19.10.2016 (Annexure-8), petitioner is shown as a competent R.M.P. It is contended that a notice was given to the petitioner by Block C.M.H.O. on 31.7.2018, aggrieved by which petitioner preferred a Civil Suit before Civil Judge, Dausa, Rajasthan. Temporary Injunction Application was decided and parties were directed to maintain status quo vide order dated 12.10.2018.;