Dr. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23372 of 2015 Arising Out of PS. Case No.-161 Year-2015 Thana- SIKARPUR District- West Champaran ====================================================== Dr. Aftab Alam Son of Shafiullah khan Resident of village- Chanki Pipra, P.s Shikarpur , District West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.Smt. Nirmala Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 No one appears on behalf of the petitioner even on second call.

Petitioner in the present case is seeking quashing the petitioner's prosecution arising out of Shikarpur P.S. Case No. 161 of 2015 for offences under Sections 420, 467, 468, 471 & 353 of the Indian Penal Code.

The case being an old case and even on repeated call no one appears for the petitioner.

This court has gone through the materials available on the record. It is found that the allegation against the petitioner is that in course of raid conducted by a team constituted by the Sub-Divisional Officer it was found that the petitioner was running a nursing home illegally and he is not having requisite qualifications and degrees to run the nursing home and clinics.

Patna High Court CR. MISC. No.23372 of 2015(2) dt.29-11-2019 2/2 He was indulging in conducting ultrasound of the patients and for this reason the Incharge Medical Officer, Primary Health Centre Narkatiyaganj has lodged the present F.I.R.

After investigation police has submitted a chargesheet against him based on that cognizance has been taken and petitioner has been summoned by the learned Magistrate. In the petition the contention of the petitioner is that because of the tremendous growth of the nursing home and the professional rivalry with physicians of the locality the present case has been lodged.

This court is of the considered opinion that such issues cannot be gone into by this court for purpose of quashing of the order taking cognizance when the learned Magistrate having been fully satisfied with the materials collected by the police has found prima-facie against the petitioner. The application is, thus, dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/- U T