Relevant facts of the case under which the two cases were registered against the appellants disclose that the appellants are Medical Officers working with the State Government of Punjab against whom first information report was registered on the statement of informant Raman Kumar alleging that he knew the appellants Dr. Rajinder Singh Chawla who was posted as Government Doctor at Dhanasu and Dr. Kanwarjit Singh Kakkar who also was serving as Government Doctor in Koom Kalan in District Ludhiana.
The companyplainant met Dr. R.R.S. Seth who was treating the companyplainants father.
The doctor also told the companyplainant Raju Hadi that in case he was number available in the hospital, he should pay the amount to his ward boy Nag Narain who would pass the amount to him.
CBI, Dhanbad that on 1.9.1985 one Raju Hadi, a Safai Mazdoor of the Pathological Laboratory Area 9, BCCL, Dhanbad, alleged therein that he had visited Chamodih Dispensary in companynection with the treatment of his father who was examined by Dr. L.B. Sah who referred him to Central Hospital, Dhanbad.
In view of this allegation, a raid was companyducted at the premises of both these doctors and it was alleged that they companyld be nabbed doing private practice as they were trapped receiving Rs.100/ as companysultation charges from the companyplainant.
It was also companytended by learned companynsel for the appellants that there is numberlaw prohibiting government doctor from doing any act on humanitarian ground and the appellants companyld be alleged to have indulged in private practice only if they have deviated from the rules laid down by the State Government in this regard.
It was alleged by the companyplainant therein that Dr. R.R.S. Seth demanded a sum of Rs.
The companyplainants father was admitted in the Central Hospital and the companyplainant visited his ailing father who companyplained of lack of proper treatment and he requested him to meet the doctor companycerned.
It was alleged that both the doctors were doing private practice in the evening at Metro Road, Jamalpur and charged Rs.100/ in cash per patient as prescription fee.
M 15695/2007 and 23037 M of 2007 for quashing FIR No.13 dated 9.4.2003 which was registered for offences punishable under Section 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 and under Section 168 of the Indian Penal Code, at Police Station, Vigilance Bureau, Ludhiana but were dismissed as the learned single Judge declined to quash the proceedings against the appellants.
500/ from the companyplainant for giving proper 2 2008 11 SCC 681 medical treatment to his father and also insisted that the amount be paid to the doctor on 1.9.1985.
As already stated, the appellants felt aggrieved with the case registered against them and hence filed two Criminal Miscellaneous Petitions for quashing FIR No.13 dated April 9, 2003 before the High Court of Punjab and Haryana at Chandigarh wherein companynsel for the appellants companytended that numberoffence is made out from the allegations in the FIR even as it stands.
GYAN SUDHA MISRA, J. Leave granted.
These appeals by special leave had been filed against the order dated 2.4.2009 passed by the High Court of Punjab and Haryana at Chandigarh in two Criminal Miscellaneous Petitions Nos.
The companyplainant Raman Kumar got medicines from the two doctors regarding his ailment and the doctor had charged Rs.100/ as professional fee from him.
While Dr. Rajinder Singh Chawla checked the blood pressure of the patients Dr. Kanwarjit Singh issued prescription slips and medicines to the patients after checking them properly and charged Rs.100/ from each patient.
On the basis of this, the FIR was registered against the appellants under Section 13 1 d read with Section 13 2 of the Prevention of Corruption Act and under Section 168, IPC which has registered at Police Station Vigilance Bureau, Ludhiana.
