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| Alleged molestation case against doctor | | HC quashes proceedings pending before Trial Court | |
Early Times Report
Jammu, June 18- Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing in a petition filed by Dr. Romesh Chander seeking quashment of FIR and Final report pending before the Chief Judicial Magistrate u/s 354 RPC (molestation) has allowed the petition of doctor and quashed the entire proceedings which are abuse of process of law and have caused miscarriage of justice.
Justice Mir after hearing Advocate RS Thakur appearing for the appellant doctor and Additional Advocate General PC Sharma appearing for the state, observed that it is opt to mention here that AAG PC Sharma has frankly made a statement that the final report submitted by the Investigating Officer and the material collected during investigation prima-facie do not disclose the commission of any offence. He also made a statement that the entire proceedings be quashed. In view of statement of AAG the entire proceedings abused of the process of law and have caused miscarriage of justice. Accordingly, this petition is allowed and the entire proceedings are quashed.
The allegations contained in the charge-sheet of the prosecution against the accused are that on April 24, 2001, the sister of complainant was admitted in the hospital, the complainant approached the doctor for some medicines. The accused doctor put the medicines and injection on the table. It is alleged that when she was about to take-up the said medicines and injections, the doctor kept his hand on the hand of complainant. The complainant did not utter any word nor made any gesture and thereafter she left the room. On the report of complaint FIR was registered. During investigation the statement of complainant and witnesses were recorded whereas two witnesses did not say any thing against the accused about keeping his hand over the hand of complainant. The final report submitted also no where indicate that how the accused has outraged the modesty of complainant. CJM on March 7, 2002 dismissed the case, the state filed appeal before the Sessions Court, 2nd Additional Sessions Judge vide order dated September 30, 2004 allowed the revision and set-aside the order mainly on the ground that the offence is punishable u/s 354 RPC and not a warrant case. In terms of order passed by 2nd Additional Sessions the case came up for consideration before CJM Jammu. JNF
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