Dr. Snehlata Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31622 of 2014 Arising Out of PS.Case No. -125 Year- 2013 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Dr. Snehlata Pandey, Wife of Dr. Braj Kishore Trivedi, resident of villageRup Chapra (Morhar), P.S.- Sahebganj, District- Muzaffarpur, Presently residing at Chandni Chowk, Near Narayan Education, P.S.- Brahampura, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioner and the State.
2. Petitioner is a registered medical practitioner. She is being prosecuted for the offences under Sections 420, 302 of the Penal Code, as it is alleged against her by the informant Binod Kumar Agrawal, who is an Advocate in Civil Court, Muzaffarpur that she conducts surgery on the person of pregnant women without taking them to operation theatre. If petitioner is indulging in surgery without any operation theatre, such act, according to this Court, is not only cheating but also misconduct on the part of any medical practitioner.
3. Accordingly, I direct that petitioner should surrender in the court below within a period of four weeks from
Patna High Court Cr.Misc. No.31622 of 2014 (3) dt.20-03-2015 2/2 the date of receipt/ production of a copy of this order in the court below and no coercive steps be taken against her until a report on this allegation is received from the Bihar Branch of Medical Council of India and also from the police officials of the district, who should ascertain such fact by visiting not only to the place where petitioner had her clinic earlier but also the place where she is presently having her clinic. Once the report is received appropriate final order be passed in the matter in accordance with law.
4. This petition is, accordingly, disposed of. (V.N. Sinha, J.) Rajesh/- U T