Dr Kafeel Khan is an accused in the BRD Medical College case related to the deaths of 63 children.
His brother Kashif Jameel was shot at on Sunday night when he was returning home on his bike near JP Hospital in Humayunpur north area, with three bullets hitting him.
One bullet had hit him in the neck and another on the upper arm and he underwent surgery at a private hospital in Gorakhpur.
According to the hospital, 35-year-old Kashif Jameel's surgery was done by Dr R V Dubey and the bullets were removed. He has been referred to trauma centre at KGMC.
Kashif Jameel is an engineer by profession, and married just a year ago.
Dr Kafeel Khan accused police of making unnecessary delay in his brother surgery,
Police have denied the allegations.
Senior Superintendent of Police of Gorakhpur Shalabh Mathur said that the district hospital referred the injured to the BRD Medical College but the family members insisted on carrying out the surgery at a private hospital of their choice.
Local Congress leaders went to the private hospital to see Kashif Jameel and also met his family.
Syed Iqbal, a local Congress leader, raised question on the law and order situation in the state. "I appeal for proper and speedy investigation and strict action against the culprits," he added.
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