Dharambir Singh v. Delhi Medical Council & ORS.
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1451/2025 DHARAMBIR SINGH .....Petitioner Through:
Mr. Nishant Kaushik, Advocate.
versus DELHI MEDICAL COUNCIL & ORS.
.....Respondents Through:
Mr. Praveen Khattar, Advocate for R1.
Mr. Sanjeev Bhandari, ASC (Crl.) with Mr. Arjit Sharma, Mr. Nikunj Bindal and Ms.
Nishtha Dhal, Advocates for State.
Inspector Rajesh Verma, P.S. Narela.
Mr. Jivesh Kumar Tiwari, Senior Panel Counsel for Delhi Police.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 07.05.2025 1.
The present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeks a writ of mandamus directing Respondent No. 1/ Delhi Medical Council1 to lodge an FIR against the accused, Bimal Kumar/ Respondent No. 4, under Sections 316,318,319 of the Bhartiya Nyaya Sanhita, 2023.2 2.
Counsel for the Petitioner submits that the accused is practicing as a medical practitioner without having the requisite medical qualification or 1 "DMC"
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registration with the DMC. In this regard, a complaint was also submitted by the Petitioner with the DMC on 31st December, 2024 which has now been forwarded to the DMC for appropriate action. It is further submitted that the FIR can only be registered by the DMC, and not directly by the Petitioner. Therefore, it is imperative that the complaint submitted to the DMC be decided expeditiously.
3.
Having regard to the aforenoted facts, without delving into the merits of the case since the DMC is currently seized with the complaint and has to form an opinion thereon, the present petition is disposed of with a direction to the DMC to take a view on the complaint dated 31st December, 2024 within a period of eight weeks from today.
4.
All rights and contentions of the parties are left open. 5.
The Court has not expressed any opinion on the merits of the case. SANJEEV NARULA, J MAY 7, 2025 as 2 "BNS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:55:53