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Rajendra Singh v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 5101 of 2007 [2007] RD-AH 7123 (18 April 2007)


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Crl. Misc. Writ Petition No. 5101 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

We have heard learned counsel for the petitioner and the learned counsel for the caveator.

The learned single Judge of this Court in his order dated 29.8.2006 recorded the following finding.

"In the present case, the respondent No. 5 (Rajendra Singh) has not only misrepresented himself to be medical practitioner but also treated an infant child with injections making his condition very serious, to be saved by a child specialist after a lot of efforts."

Against this order of the learned single Judge, a contempt appeal was filed, which was dismissed on 29.11.2006 by a Division Bench of this Court without disturbing the aforesaid finding of fact recorded by the learned single Judge.

In view of that finding, which can not be upset by us in writ jurisdiction as we are not hearing an appeal against the said order of the learned single Judge, which has been confirmed by a Division Bench, we find ourselves unable to accept the defence plea of the petitioner in this writ petition that the petitioner is not carrying on medical practice but is merely selling medicines on the prescription of other medical practitioners.

In the circumstances, no good ground for quashing the first information report or staying the arrest is made out.

The writ petition is accordingly dismissed.

Dated: April 18, 2007



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