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2025 DAILYLAW 145431 (ALL)

DR. SANJEEV KUMAR SONI v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH LKO. AND 2 OTHERS

WRIC/5776/2025 · 2025-06-04

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34581-DB Court No. - 2 Case :- WRIT - C No. - 5776 of 2025 Petitioner :- Dr. Sanjeev Kumar Soni Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health Lko. And 2 Others Counsel for Petitioner :- Virendra Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. Heard. By means of this petition, the petitioner, a surgeon, has challenged the report based on which an F.I.R. has been lodged against him. The enquiry was conducted on a complaint of a patient and in enquiry it has been found that without her consent the right ovary was removed, whereas, petitioner says that her oral consent was given. We are of the opinion that based on the enquiry report if an F.I.R. has been lodged the petitioner can challenge the said F.I.R. which has not been challenged raising all such pleas but we see no reason to entertain this petition challenging the enquiry report. It is also open for the petitioner to seek such other remedies as may be permissible in law. The writ petition is, accordingly, disposed of. Order Date :- 4.6.2025 K.K. Maurya (Praveen Kumar Giri, J.) (Rajan Roy, J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench