MANIPAL HOSPITAL Vs. BINAYAK BHATTACHARJEE

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to set aside the impugned order dated 18.08.2020 passed by the LXXIII Additional City Civil and Sessions Court (CCH-74) Mayo Hall Unit, Bengaluru in Crl.R.P.No.25021/2019.

(2.) The factual matrix of the case is that the respondent had filed a private complaint before the Trial Court and the same is numbered as P.C.R.No.55291/2018. The learned Magistrate after taking the cognizance proceeded to record the sworn statement and dismissed the complaint. Being aggrieved by the order of dismissal of the complaint, revision petition was filed before the Revisional Court, which is numbered as Crl.R.P.25021/2019. The Revisional Court after considering the material on record, set aside the order of the learned Magistrate in dismissing the complaint and restored the complaint and directed to take cognizance against the accused/petitioners herein and proceed in accordance with law. Hence, the present petition is filed.

(3.) The factual matrix of the case is that the complainant/respondent is a citizen of USA, who is residing in India as an Overseas Citizen of India, on his employment. The complainant s mother was also residing with him. The petitioner No.1 is the hospital and petitioner No.2 is the doctor Shankar Kumar who gave treatment to the complainant s mother Mrs.Gouri Debi @ Gouri Bhattacharya. The complainant had taken his mother to Manipal Hospital, petitioner No.1 herein, for treatment with a history of profuse bleeding inside her mouth, for consultation of Dr.Shankar Kumar, petitioner No.2 herein, who is doctor of internal medicine in petitioner No.1 hospital, wherein the petitioner No.2 is practicing.