State (Govt. Of NCT Of Delhi) v. Prashant Vashisht

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 443/2015, CRL.M.A. 10030/2015 & CRL.M.A. 2212/2018 STATE (GOVT. OF NCT OF DELHI) .....Petitioner Through:

Mr. Amit Ahlawat, APP with Mr.

Utsav Garg, Mr. Yash Shukla, Mr.

Praveen Sharma, Mr. Deepanshu Dabas and Mr.

Ankit Maan, Advocates for State alongwith SI Uttam Singh P.S. Tilak Marg.

versus PRASHANT VASHISHT .....Respondent Through:

Mr. J. K. Chawla and Ms. Shalini, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 29.07.2024 1.

This is a petition for setting aside order dated 18th April 2015 passed by the learned ASJ thereby discharging the respondent in FIR No. 134/2006 P.S. Tilak Marg, for offences punishable under Sections 417/471/120B IPC. 2.

FIR was registered against the main accused under Sections 468/471 IPC on the basis that during proceedings in criminal complaint u/s 138 NI Act, an allegation was made by Jasbir Singh Bangha seeking personal exemption on the basis of a medical certificate. Upon verification, the medical certificate was found to be fake. The doctor in question made a 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 13:41:05

statement that he never medically treated the accused nor issued the said medical certificate. Jasbir Singh Bangha made a statement that the medical certificate was handed over to Prashant Vashisht (respondent). No other evidence except for the disclosure was relied upon for framing of charge. Subsequently, in the revision petition before the learned Sessions Court, this aspect was assessed and by the impugned order, the Court discharged the respondent of aforesaid charges on the basis of inadmissibility of such statement.

3.

The Court has perused the impugned order. There is no infirmity in the same.

4.

Accordingly, the present petition is dismissed.

5. Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 29, 2024/ssc 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 13:41:05