HC restrains police from filling charge-sheet against HoD Neurology

13/10/2017

Jammu, Oct 12: In a petition filed by Dr. Bodh Raj Kundal Head of Department (HoD) Neurology of Government Medical College (GMC) Jammu who was booked by police for allegedly molesting a patient, seeking quashment of FIR.
Justice Janak Raj Kotwal of J&K High Court Jammu Wing after hearing Sr. Adv Sunil Sethi for the petitioner, issued notice to the respodents and in the meanwhile ordered that subject to objections having regard to the grounds on which quashing of the FIR is soght, charge-sheet shall not be filed till next date of hearing.
During the course of hearing Sr. Adv Sunil Sethi submitted that impugned FIR is further liable to be quashed on the ground that had the petitioner outraged the modesty of the complainant, then complainant while in the clinic of the petitioner did not raise any alarm or after she left the clinic why she did not approach the Police Station concerned immediately, are the questions which clearly shows that the story projected in the FIR is highly motivated and aimed at harassing and blackmailing the petitioner. On this ground also, the allegations alleged by the complainant in the impugned FIR are highly unbelievable and could not have been acted upon by the respondent by registering the impugned FIR without holding any preliminary enquiry into these allegations. On this ground also, the impugned FIR is totally illegal and vitiated, hence liable to be quashed. JNF

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