• Appeal after aquital

Respected Sir
I am Dr.Ram Kulkarni and I got aquittal from the all charges in Medical Termination of pregnancy(MTP) case. The FIR was registred on verbal order of collector, the hospital inspection was done by tahasildar on order of Collector , where as both collector and tahasildar have no powers in MTP law. The civil surgeon has lodged complaint to police station ,Islampur without any evidence and I was aquitted from all the charges in moth of Feb 2019. 
Will you please tell me that 
1.can I appeal in court against Tahasildar -who has inspected my hospital without any powers in medical Law?
2. Can I appeal against Collector for pressurising civil surgeon to file complaint against me?
3.Can I appeal against Civil surgeon who has lodged FIR without any inpection of hospital or without any evidence?
The civil surgeon has not given me Bombay Nursing home registretion certificate to start my new hospital ,giving me false reason on paper and at the same time he has given the certificate which was backdated forgetting that he has already given me reason ,not give the same. The collector and civil surgeon both have not any steps on my letter about information given to them about female feticide and illegal sonography .
What is maximum time period for application to court ?
Yours 
Dr ram Kulkarni
Asked 6 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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5 Answers

1. See you can file a complaint agaisnt the Tehsildar and suit for malicious prosecution against the surgon who lodged complaint. Appeal in this case cannot be filed.

2. You do not have proof of same as orders were oral.

3. He's a suit for claiming damages and malicious prosecution can be filed.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Collector/DM have wide powers and is authorized to inspect the Offices/Courts of Sub Divisional Magistrates, Tehsildars, Naib Tehsildars, Treasuries, Sub Treasuries, Jails, Hospitals, Dispensaries so appeal or compliant maintainable.

Well, you have suffered the harm to reputation you may file a complaint of Defamation against them.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Respected sir.. 

  1. In ans appeal you can appeal against the order that is promulgated by the honorable court not on other facts so in appeal of that you don't have that right.. 
  2. You can file A defamation case not an appeal.. 
  3. Dr shab.. If you want to procede against them legally you have option available to file case of defamation... If they are making hurdels in your path then you can also use them in case of defamation.. 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

You might be able to sue tehsildar in civil court for the intentional tort of malicious prosecution, but you will face some challenges in proving your case. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It will not be a appeal but will be a complaint against all the aforesaid officers. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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