Illegality vs irregularity: Court discharges Delhi doctor of all charges

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The District & Sessions judge, Tis Hazari Courts set aside an order of a lower court in which charges were framed against the doctor and a woman in a forgery case.

“Petitioner (Dr Vikram Singh) is discharged for the offence punishable under Sections 182, 183, 199, 120B, 468, 461, 34 of the IPC,” additional Sessions Judge Dheeraj Mor noted in the order on December 21, 2023.

Singh was accused of issuing fake medical certificates to the co-accused in a case while he was associated with the Metro Hospital and Cancer Institute, Preet Vihar.

The hospital had said that the doctor was not authorised to issue a certificate or use the hospital’s stamp.

Advocate Deepak Sharma, who appeared for Dr Vikram Singh, argued that it was a matter of illegality versus irregularity. He argued that Singh issued the medical certificate which should be treated as irregularity not as illegality.

“The unauthorised use of letterhead and stamp of Metro Hospital by his counsel to prepare two medical certificates of the co- accused does not make them ‘false documents’ as defined u/s 464 IPC. He has contended that the same can at the most be termed as an irregularity and not illegality. The lower court failed to properly appreciate the facts of the case and apply the law applicable on them,” Sharma argued.

The court found merit in the arguments and discharged Singh of all the charges.

The case

One Rameshwari Devi’s house was under demolition drive. MCD wanted to demolish it. Rameshwari failed to move her petition on time before the MCD tribunal. She said she was ill and hence she couldn’t move her plea on time. In 2012, she produced her medical certificate issued by Dr Vikram Singh of Max Hospital.

However, when MCD Tribunal verified it with the hospital, Singh initially denied that he issued any medical certificate. The hospital said that they didn’t issue such a certificate. The hospital also said that the doctor was also not authorised to issue such a certificate. Seeing the gravity of the matter the MCD tribunal forwarded the matter to CMM court which ultimately directed the Delhi Police to lodge an FIR in the matter.

FIR and arrests

A case was then lodged with the Subzi Mandi Police station against Dr Vikram Singh and Maheshwari Devi.

During the trial, Maheshwari Devi was placed under arrest while Singh absconded. Singh later moved to court saying the medical certificates of Rameshwari Devi were signed by him. The police arrested him also.

Appeal in Sessions

The lower court framed charges against Kumar and Devi in the case.

Singh through his counsel advocate Deepak Sharma challenged the order of the lower court before the Sessions court which finally set aside the court.

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