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2011 (4) TMI 1009 - SC - Indian LawsWhether the indulgence in private practice would amount to indulgence in ‘trade’ while holding the post of a government doctor - offense under Section 168 of the IPC cannot be held to have been made out against the appellants even under this Section as the treatment of patients by a doctor cannot by itself be held to be engagement in a trade as the doctors’ duty to treat patients is in the discharge of his professional duty which cannot be held to be a ‘trade’ so as to make out or constitute an offence under Section 168 of the IPC - the allegation even as per the FIR as it stands in the instant case, do not constitute an offence either under the Prevention of Corruption Act or under Section 168 of the IPC - orders passed by the High Court set aside and quash the FIR registered against the appellants - 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 is made out under the prevailing facts - FIR registered against them under IPC or Prevention of Corruption Act is not fit to be sustained. Consequently, both the appeals are allowed.
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