The Allahabad HC recently comprising Division Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajit Singh stayed a First Information Report (FIR) lodged against the Chief Medical Officer (CMO), who was accused of issuing a fake COVID positive certificate to an MLA summoned by a lower court.
The writ petition for the same was filed with prayer for the following reliefs:-
"I. Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report dated 26.12.2020 registered as Case Crime No. 0763 of 2020 U/s 120-B, 420, 465, 467, 468, 471 IPC at Police Station - Kotwali, Khalilabad, District - Sant Kabir Nagar, so far it relates to the petitioner, in the interest of justice (Annexure No. 1 to this writ petition).
II. Issue a writ, order or direction in the nature of Mandamus to direct the respondent No. 2 and 3 not to arrest the petitioner, till the submission of the charge sheet in First Information Report dated 26.12.2020 Case Crime No. 0763 of 2020 U/s 120-B, 420, 465, 467, 468, 471 IPC at Police Station - Kotwali, Khalilabad, District - Sant Kabir Nagar, so far it relates to the petitioner.
III. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the aforesaid facts and circumstances of this case. IV. To award the cost of the petition in favour of the petitioner."
“We are sorry to record it. Can we say that the insensitive judicial officer who has directed for lodgement of this First Information Report which is in the teeth of it cannot stand to the judicial scrutiny of this Court?”- observed the bench.
It is to be noted that the Registrar General had already issued directions to all the judicial officers throughout the State of Uttar Pradesh for not insisting on personal appearance of the accused or parties in the wake of Covid-19 pandemic, still the accused M.L.A. was summoned but he sent a report that he had tested corona positive, which was not relied upon by the Trial Judge and considering that report to be false without any basis, instead ordered for registering an FIR against the petitioner/Chief Medical Officer.
The FIR was lodged against CMO Dr. Hargovind Singh who operates a vaccination center in Uttar Pradesh. As per the assertion of the learned advocate it was further sought to be contended that the petitioner/CMO was not the treating doctor; he had only given the certificate to the accused M.L.A. and the report is on the website of the U.P. Government which could have been very well verified by the learned judge.
The court stated that,
“We request the learned Registrar General of this Court to remind the concerned judicial officer to abide by the guidelines of this High Court on Covid-19 pandemic in passing such orders in future. Further, the learned Registrar General of this Court shall communicate to all the judges of the District Courts throughout the State of U.P. to be more careful during this pandemic and restrain themselves from passing such orders which may bring disrepute to the judicial system in the State more particularly during this ongoing period of pandemic.”
The bench further observed that,
“…the petitioner Dr. Hargovind shall not be coercively dealt with and shall not be arrested during this interregnum period in Case Crime No. 0763 of 2020 under Sections 120-B, 420, 465, 467, 468, 471 IPC, PS - Kotwali, Khalilabad, District - Sant Kabir Nagar arising out of impugned First Information Report dated 26.12.2020.”
The matter will be next heard in July, 2021 preferably 1st July.
Case title- Dr. Hargovind Singh v. State of UP