IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.832 of 2007 (U/s 482 Cr.P.C.) Chandveer Atil ……. Petitioner Versus State of Uttarakhand & another ..…. Respondents Dated: December 1, 2011 Smt. Prabha Naithani, Advocate for the petitioner Sri M.A. Khan, Brief Holder for the State/respondent no.1 Hon’ble Servesh Kumar Gupta , J. By way of this application, moved u/s 482 Cr.P.C., the prayer has been made to quash the chargesheet of criminal case no.602 of 2007 against the applicant, for the offence of Sections 420, 342, 323, 504 and 506 IPC, pertaining to case crime no.119 of 2007, P.S. Ranipur, District Haridwar. The FIR was lodged by Dharmesh Bhatla, who was a drug/alcohol addict, while the petitioner is a so-called doctor, who was engaged by one society, named as Golden Future Point Society, having its registered office in village Nand Naur, District Sonipat, Haryana, the working area whereof was in the entire country. This society was registered under the Societies Registration Act in the office of Registrar, Societies, District Sonipat, Haryana. The certificate of registration has been annexed as Annexure 3 to the petition. Under this Society, a clinic was being operated in District Haridwar by the applicant, along with his two associates and in this clinic, they adverted to invite the drug addict people, with the assurance to get rid of their addictions and intoxicants, whatsoever they were habitual of. The people were attracted, and one of the drug addicts was Dharmesh 2 Bhatla, R/o 1, Geeta Colony, Saharanpur, who was brought by his brother and admitted on 29.4.2007 in the clinic for a month. This clinic used to charge Rs.3,500/- per month, as the fee of the doctor, inclusive of all the boarding and lodging charges of the patient. It appears that the complainant could not bear with the regimental disciplinary treatment extended by the so-called doctor to the patient and he took to his heels from the confinement of the clinic and lodged this report. The matter was investigated and the chargesheet was submitted, as stated above. The statement of complainant Dharmesh Bhatla, recorded by the I.O. u/s 161 Cr.P.C., divulges that he had been under treatment of such a clinic in the year 2006 consecutively for four months and at that time, he did not have any complaint. In the instant complaint, he praised the applicant and his associates for the right way of treatment, which they used to accord to their patients. In the said statement, the cause of annoyance, which he expressed to the I.O., appears to be that he was perplexed with his regular and consistent confinement with a very poor quality of both ends meal. However, he refused to undergo the medical examination. Learned counsel for the applicant has showed before this Court that this Society has its office bearers too, as transpires vide Annexure 3 to the petition. Having all the facts and circumstances into consideration, this Court feels that Dharmesh Bhatla himself went for his treatment before the applicant, who was a so- called doctor engaged by the Society, and this Dharmesh Bhatla had his past experience regarding the good treatment in the right direction, given to him by these people. So, in view of the above, the Court is inclined to accept the application. 3 Therefore, the C482 application is accepted. Impugned order of cognizance as well as chargesheet, making it a criminal case no.602/2007, pending in the court of First Addl. CJM, Haridwar, is hereby quashed. (Servesh Kumar Gupta, J.) December 1, 2011 Rajeev Dang