IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1043 of 2008 SANJAY KUMAR Versus STATE OF BIHAR & ORS ----------- 4 08.05.2009 This application has been filed with a prayer for issuing direction for protecting life and property of the petitioner against the private respondents, including the Police Officers and Respondent no.9 who is an M.L.A. of the area. Petitioner who claims to be a doctor alleges that the respondents are harassing and threatening him for the purpose of extorting money from him. Pedtitioner is also said to have lodged Mahua P.S.Cased No. 183 of 2008 u/s 341, 323, 324,307/34 of the Indian Penal Code against the respondent no.10 and one another Pappu Singh. Referring to the counter affidavit filed on behalf of respondent State, Mr.Shaket Tiwary, A.C.to G.P.16 submits that in course of investigation it transpired that the petitioner was practicing without any requisite qualification and certificate and that when objections were raised by some people of the area the petitioner lodged the F.I.R. It is also submitted that in the supervision report of the case, it has transpired that the petitioner had treated a pregnant woman who died due to his wrong treatment. It is also submitted that during investigation, petitioner was directed by the I.O. to produce his certificate regarding his qualification as a doctor, but he did not produce the same and that he has filed an F.I.R. as a pressure tactics. Vide this Court’s order dated 19th March 2009, petitioner was directed to file supplementary affidavit disclosing 2 his educational qualification. Petitioner sought time till 6th April 2009, but any certificate was not filed by that time. Again the case was listed on 30th April 2009, but on that day any affidavit was not filed disclosing the educational qualification and the certificate in favour of the petitioner. The petitioner prayed for time for filing the educational qualification certificate and time was allowed. To-day the case is listed, but the learned counsel for the petitioner says that he is unable to file any certificate disclosing the educational qualification of the petitioner as a doctor. Learned counsel seeks further time for filing certificate. But this prayer is object ed to by the other side on the ground that the petitioner is trying to avoid the responsibility. Sufficient time has been allowed to the petitioner for filing his certificate, but he is not filing the same. In such view of the matters, adverse view has to be taken that the petitioner has no certificate and he is not in a position to file any certificate regarding his educational qualification as a doctor. Learned counsel for the State states that the petitioner has filed this application as a defence measure and as a pressure tactics. Thus hearing and considering the facts and circumstances of the case I find no merit in this application. Accordingly, this petition is dismissed. Jay/ ( C. M. Prasad. J. )