DB dismisses appeal filed by doc with cost

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, May 2: Division Bench of the High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today dismissed an appeal filed by Dr Vipan Banotra and imposed cost of Rs 5000 besides issuing direction for lodging of complaint against him.
Through this appeal, Dr Vipan Banotra, a resident of Ward No.7 Poonch had challenged the order dated 04.02.2015 passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission whereby the Commission had authorized one of its officials to file a complaint against the doctor before the competent Magistrate for having committed perjury and fabrication of records.
It was alleged that on account of the negligence of the doctor, the complainant namely Abdul Shubam, son of Abdul Ghani of Loran Mandi being the only bread winner of the family was forced to lead his life as a cripple and that his defendants had become destitute.
With a view to bring the guilty to book, a direction was issued by the Commission to the Inspector General of Crime and Railways to register a case on the basis of the judgment of the Commission for the commission of offences regarding fabrication of records and forgery with a further direction to complete the investigation within a period of 4 months.
After hearing Advocate Aditya Sharma for the appellant whereas Advocate Assem Sawhney for the respondent, DB held the appeal as not maintainable and dismissed it with costs of Rs 5000 to be deposited in the Advocates Welfare Fund.
“By virtue of judgment and order dated 14.3.2013, this court had granted liberty to the Commission to lodge a complaint either itself or by an authorized officer. The judgment and order dated 14.3.2013 not having been challenged by the appellant had attained finality”, DB said, adding “what was done by the Commission was, in fact, in furtherance of the liberty granted to the Commission to lodge a complaint and in doing so, the Commission cannot be said to have committed any illegality”.
“For these reasons, the appeal is held to be not maintainable and is accordingly dismissed with cost of Rs 5,000 to be deposited in the Advocates’ Welfare Fund”, DB said.

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