False (2) cases I) u/s 326, II) 290, 323, 506 IPC
The crux of the matter relates to a complainant filed alleging that he was injured and lost his teeth. The police sent a medical requisition to the Hospital, Ranga Reddy. The medical officer who examined the injured issued an opinion that it was simple injury. But later, the complainant on his own accord went to a private hospital and obtained a medical certificate opining that it was a grievous hurt. The police suppressed the medical opinion offered by the Govt. Medical practitioner and took cognizance of the private medical practitioner’s (Designation is BDS) opinion that it was grievous hurt and registered a case u/s 326 IPC. It is pertinent to mention herein that, the District Medical and Health Officer, Ranga Reddy District, when asked a query under RTI Act-2005, replied that said private hospital which issued medical opinion that it was grievous hurt was not registered under APAPMCE Act-2002(Andhra Pradesh Allopathic Private Medical Care Establishments (Registration and Regulation) Rules-2002. As matter stands thus again case under sec 290, 323, 506 IPC has been registered against my uncle by the same complainant in the above case. Keeping in view of the above, it is requested to furnish reply to the following questions:
1) Whether the Hon’ble Court can take cognizance of the private medical practitioner, who is not registered under APAPMCE Act-2002 as a standard of proof, in suppression of the opinion of the Govt. Medical Practitioner.
2) If the complainant’s version is proved as false/fabricated on account of frivolous medical certificate, should the Hon’ble Court prosecute the remaining witnesses, since it is obvious that they are also false witnesses because the case it self is concocted.
3) In the event, the Hon’ble Court rescinds with the prosecution of the remaining witnesses, am I entitled to be given a “Honorable Acquittal”.
4) If all the above doubts expressed are in my favour, it is earnestly urged to inform the action that I can file against the Investigation Officer for suppressing the medical opinion offered by the Govt. Medical practitioner and taking cognizance of the private medical practitioner’s opinion that it was grievous hurt and registered a case u/s 326 IPC. Also inform the appropriate forum/any Sec. under IPC for perfunctory investigation to sue him.
5) Request to inform the action which I can file against the private medical practitioner, who is not registered under APAPMCE Act-2002, but issued frivolous medical certificate opining grievous hurt, if so, sec. of law or any other forum.
6) What action can I take against the complainant for filing a false complaint against me, please inform the nature of compensation if any, the forum where I should approach and any provision to file a criminal case against him for the same.
7) Is BDS Doctor is authorized to perform “Root Canal surgery port of cone”.
8) If any hospital (Skin. Cancer, Diabetic, Dental, Heart and Neuro….e.t.c.) did not recognize under APAPMCE-Act-2002, is that hospital authoritate to issue medico legal certificate to any person?.
9) Whether any Hospital can operate without being registered under APAPMCE Act – 2002, or, are there any other authorized acts, other than APAPMCE Act–2002 through which a Hospital can operate.
10) When accused submitted a forged document to the competent authority which is effecting the entire family members, can two persons from the same house file a single complaint against the accused and contest through different advocates?
11) Is the “Root Canal surgery port of cone” comes under the grievous nature or simple nature.
II Please furnish the following information about the cases registered u/s 290, 323, 506 IPC, in Telangana State whether they are:
1) Cognizable/ Non-Cognizable
2) Bailable/ Non-Bailable
3) Whether Hon’ble court permission is required or not to register a case under above sections.
4) In such cases, which type of security bonds have to be furnished before IO/SHO and Hon’ble Court by the respondent/accused i.e., self bond/sureties.
5) Is there any provision to quash FIR in the above sections, which has been registered without prior permission of Hon’ble Court.
6) If Police register a case under above sections without prior permission of the Hon’ble Court is it trialable or not?
7) If non-cognizable cases registered by Police without prior permission of
Hon’ble Court what type of disciplinary action will be initiated against the
concerned Police Officer.