Dr. Atul Kohli v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 16.1.2023 Dr. Atul Kohli ---Petitioner versus State of Haryana ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Sushil Sheoran, Advocate for Mr. R.A.Sheoran, Advocate for the petitioner Ms. Dimple Jain, AAG, Haryana Mr. Shokeen Singh Verma, Advocate for the complainant **** JAGMOHAN BANSAL, J. (ORAL) On 22.8.2022, following order was passed:- "
      

  

   

  

          
!  "

#$%   &'#&#'&''  

  $()$&%

 
   %&           *  +  ,   - . # "

 

  # /  0 

       1#  1  2   ,  )3   4  5      

  (#           1#  

0   

 6 )3     .

 

-260.

  0  # 7  %#&#'&'#          8#
 .



        8#9 Short report by way of affidavit of Jagat Singh, DSP, Loharu, District Bhiwani, Haryana on behalf of respondent-State is taken on record. Registry is directed to tag the same at appropriate place. Learned State counsel submitted that police after investigation has found nothing incriminating against the petitioner and accordingly cancellation report was filed on 10.10.2022 before the competent court. Paras 5 and 6 of the reply reads as:- "5.

That during further investigation, the employees of the hospitals namely 1- Shravan Kumar, 2- Neeraj Jangra, 3- Amandeep, 4- Pulkit, 5- Priyanka, 6Sangeeta, 7- Asha were joined in investigation and they have submitted their affidavits and their statements were also recorded and during further investigation and verification of facts, it was found that the present petitioner found the complainant taking intoxication and gave warning not to repeat such act in future and due to this reason, the complainant has got lodged this present false case against the present petitioner. All the allegations of complainant alleged in the FIR and in her statement under Section 164 Cr.P.C.were found false and baseless. Hence, the cancellation report has been prepared in the case.

6.

In view of the above facts and circumstances, the present petition has become infructuous and is liable to be disposed off in accordance with law.

-3It is, therefore, respectfully prayed that in view of the submissions made above, present petition may kindly be disposed off in accordance with law, in the interest of justice."

In view of the above and keeping in mind law enunciated by Hon'ble Supreme Court in Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 590, Arnab Manoranjan Goswami V. State ofMaharashtra, (2021) 2 SCC 427,Satender Kumar Antil V. CBI (2022)10 SCC 51, SiddharamSatlingappaMhetre V. State of Maharashtra & Ors., 2010 SCC OnLine SC 1375, Shri Gurbaksh Singh Sibbia V. State of Punjab (1980) 2 Supreme Court Cases 565, Arnesh Kumar V. State of Bihar (2014) 8 SCC 273, the petition is allowed and the interim protection granted to the petitioner is made absolute. ( JAGMOHAN BANSAL ) JUDGE 16.1.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No