Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 104 Misc 2023 State Vs Unknown
CNR-MHMM18-003694-2023
ORDER BELOW SUMMARY REPORT
(In C.R. No.436/2019 of Bandra P.S.)
1. Perused record. Heard Ld. A.P.P.
2. The present final report/charge-sheet is filed by investigating
officer of C.R.No.436/2019, registered with Bandra Police Station, in
respect of offences punishable under Section 419, etc. of Indian Penal
Code and Section 33, etc. of Maharashtra Medical Practitioners Act. It is
contended that during investigation it is came on record that no offence
has been transpired and the First Information Report registered under
mistake of fact. Therefore, no offence made out and proceeding shall be
dropped.
3. After filing of the final report notice was issued to informant. He
appeared and filed protest petition mainly on the grounds that
investigation not properly done. No clarification sought from local
authority and medical council. No efforts taken to ascertain genuineness
of the certificates, etc.
4. However, after raising this objection on 22.05.2023, informant
never turned up till today. The record of investigation shows that, during
investigation it is transpired that accused were not practicing any
medicine rather they were providing therapy to patients after getting
registered with Indian Alternative Medical Council, a registered society.
But it is transpired that those certificates were forged were not issued by
said council. The investigating Officer however, came to conclusion that
no evidence found by him to draw the inference that those certificates
were obtained by accused persons and they were using it for extracting
money from the people at large by representing themselves as Medical
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C. C. No. 104 Misc 2023 State Vs Unknown
CNR-MHMM18-003694-2023
Practitioners. Therefore, he requested for closer of the investigation and
dropping the proceeding against accused persons.
5. The findings are somewhat confusing, but there is no evidence filed
by Investigating Officer to draw the inference of cheating and forgery and
violation of any of the provisions of Medical Practitioners Act. The
informant though objected to accept the report not appeared since long
back. He has not filed on record any documentary evidence in support of
his objections. Therefore, there remained no option, but to accept the
report and drop the proceedings. As such there found substance in the
findings recorded by Investigating Officer to the effect that out of
misunderstanding or mistake of fact the offence was registered. There is
no hindrance in accepting the report. Accordingly, following order :
ORDER
a. C summary is granted. Proceedings against accused dropped.
b. Accused, if arrested also discharged. Bail bonds, if any, stands
canceled.
MUMBAI (KOMALSING RAJPUT)
DATE – 09.08.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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