Bombay High CourtAPEAL/230/2007others disposed off

Sou. Bhikabai Bhagwan Herode v. The State Of Mah. Thru. P.S.O.

2018-06-27Hon'Ble Shri Justice Manish Pitale2 pages

CRI.APEAL230-07 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 230/2007 (BHIKABAI BHAGWAN HARODE VERSUS THE STATE OF MAHARASHTRA, THR. PSO PS TELHARA, DISTRICT AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Deepa I. Charlewar, counsel for the appellant. Mrs. Shamsi Haider, A.P.P. for the respondent. Mr.N.R. Tekade, counsel for Dr.K.N. Jaiswal.

CORAM : MANISH PITALE, J.

DATE : JUNE 27 , 2018.

During the pendency of this appeal, due to absence of the appellant, non-bailable warrant had been issued to secure her presence. An application for cancellation of warrant was filed on medical ground and a medical certificate issued by Dr.K.N. Jaiswal was placed on record. By order dated 05.04.2018, this Court had issued notice to said Dr.K.N. Jaiswal calling upon him to place on record an affidavit explaining the diagnosis and treatment, if any, given to the appellant. Such a direction was issued because the medical certificate appeared to have been issued in a very casual manner by said Dr.K.N. Jaiswal.

In response to the said notice, Dr.K.N. Jaiswal filed an affidavit stating that he is an Ayurvedic Doctor having a degree in B.A.M.S. and that he has retired from government service. He has filed an additional affidavit tendering unconditional apology from this Court for issuing said medical certificate without getting prior renewal of his registration number.

CRI.APEAL230-07 In view of the said apology and considering the fact that Dr.K.N. Jaiswal is a 74 year old person, no further orders are required to be passed against him. He is restrained from issuing medical certificates without first renewing his registration number. In any case he shall not issue such medical certificates in a casual manner without first undertaking the exercise of diagnosis of patients that visit him.

JUDGE APTE