In The Supreme Court Of India, decided by Justice Markandey Katju and Justice Gyan Sudha Misra on April 28, 2011in Criminal Appeal No. 1041 OF 2011 arising out of SLP (Crl.) No. 3449/2009 in Kanwarjit Singh Kakkar Versus State Of Punjab & Anr for quashing FIR No.13 dated 9.4.2003 which was registered for offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act,
1988 and under Section 168 of the Indian Penal Code as the learned single Judge declined to quash the proceedings against the appellants. cases were registered against the appellants disclose that the appellants are Medical Officers working with the State Government of Punjab against whom first information report was registered alleging that that both the doctors were doing private practice in the evening at Metro Road, Jamalpur
and charged Rs.100/- in cash per patient as prescription fee. as per the government instructions, the government doctors are not supposed to charge any fee from the patients for checking them. we hold that no prima facie case either under Section 168 of the IPC or Section 13 (1)(d) read with 13(2) of the Prevention of Corruption Act. Hence proceeding against the appellants would ultimately result into abuse of the process of the Court as also huge wastage of time and energy of the Court. Hence, the respondent – State, although may be justified if it proceeds under the Punjab Civil Services (Punishment and Appeal) Rules against the appellants initiating action for misconduct, FIR registered against them under IPC or Prevention of Corruption Act is not fit to be sustained.
