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2025 DAILYLAW 24662 (RAJ)

SMT. SHEFALY SHRIVASTAVA D/O SHRI DINESH SHRIVASTAVA v. STATE OF RAJASTHAN

CRLMP/4305/2025 · 2025-07-23

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:27502] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4305/2025 Smt. Shefaly Shrivastava D/o Shri Dinesh Shrivastava, R/o Plot No. 166, Vaishali Prime, Gandhi Path West, Vaishali Nagar, Jaipur - 302021, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, through PP. 2. Dr. Rohit Swamy, Consultant Oncologist, Cancer Cure Clinic, G-16, 17, Dwarka Tower, Sector-2, Central Spine Vidyadhar Nagar, Jaipur. 3. Narayana Hospital, Sector-28, Kumbha Marg, Pratap Nagar, Jaipur, Through Its Director, Shri Balvinder Balia. 4. Narayana Hridalaya Limited, Registered Office - 258/a, Bommasandra Industrial Area, Anekal Bengaluru, Karnataka, Through Its Director, Dr. Devi Prasad Shetty ----Respondents For Petitioner(s) : Mr. Prashant Kumar Dubey,Adv. Mr. Devanshu Saini, Adv. Mr. Shubham Saini, Adv. For State : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 23/07/2025 1. The present petition has been filed by the petitioner seeking direction for fair and impartial investigation in FIR No.209/2025, dated 05.05.2025, registered at Police Station Vidhyadharnagar, District Jaipur for the offence under Sections 61(2), 106(1), 318(2), 318(4), 316(2) of BNS. 2. Learned counsel for the petitioner has submitted that present FIR is lodged alleging unethical and fraudulent medical treatment [2025:RJ-JP:27502] (2 of 2) [CRLMP-4305/2025] given to him at the respective hospital. It is further submitted that the police authorities are not conducting fair and impartial investigation in the present FIR. It is further submitted that the petitioner is a senior citizen, aged approximately 70 years suffering from third stage cancer. 3. Considering the foregoing facts and circumstances of the case and without commenting on merits/demerits of the case, this Court deems it apposite to dispose of the present petition with a direction to the petitioner to file a representation before the concerned SHO who shall decide the same, in accordance with law and as per the facts. 4. Present petition is accordingly, disposed of. Pending applications, if any, stand disposed. (SAMEER JAIN),J CHANDAN /71