SHOBHRAJ CHANDANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks for the following reliefs:

(2.) The present petition is filed for quashing of a First Information Report bearing Crime No. 764/2022, dtd. 21/08/2022 registered against the petitioners for an offence under Sec. 294, 304 A, 323, 34, 506 of Indian penal Code. The respondent no. 2 i.e. the Station House Office, has not considered the provision and ingredient of the Sec. and the judgment of the Hon'ble Supreme Court and this Hon'ble Court and directly offence under the aforesaid Sec. had been registered, which is totally perverse, illegal, arbitrary and unconstitutional and directly affects the personal liberty of the petitioners who are by profession a qualified Doctor.

(3.) Mr. Kotecha, learned counsel for the petitioners submits that the petitioners are Doctor by profession. Petitioner No. 1 is the M.D Orthopedic and the petitioner No. 2 is M.S (General Surgeons) and petitioner No. 1 is the Director of New Korba Hospital (hereinafter referred as NKH). The daughter in law of the respondent no. 3 namely Smt Pushpa Rathore, aged about 36 years, was pregnant and on 19/8/2022, she alongwith her relative came for treatment and for delivery. As per the information given by the patient and her family member, before this, she was operated twice for Oravian Cyst and Chocolate Cyst. The Doctors in the Hospital had made the plan of treatment and started giving treatment. As there was some complication in pregnancy, so as per advice, an Cesarean operation was to be done. From the relative of the deceased, a High Risk Consent had been obtain and it was also informed to the relative that patient was at high risk. All the best possible treatment had been provided to the patient, but before operation, she vomited, but her vomit could not come out and same was inhale. Immediately the Cardiopulmonary Resuscitation (In short CPR) was given to the patient, but she was not responding to it and all efforts were made by the Doctors who were treating the patient, but neither she nor her child's life could not be save and both of them died at about 12.00 hours. Immediately, the information about the death was given to the police. After death of the patient, the family member of the patient started misbehaving and manhandling with the Doctors and staff of the Hospital and with the petitioners and other staff trying to convince them, but they were agitating and had beaten the petitioner No. 2 and Manager of the Hospital. The family members had also caused injury to the petitioner No. 1 and had use filthy language with the staff of hospital. All the staff and Doctors were under tremendous threat to their life and property by the family member and others who are known to the deceased Smt. Pushpa Rathore. Their entire action was recorded in the CCTV camera of the hospital. Immediately the report was lodge by the Manager of the Hospital Namely Shri Rajesh Chandani, to the Police Chowki Rampur on 19/8/2022 against the family member of the Smt Pushpa Rathore that they had beaten the doctors and staff of the Hospital and also the CCTV footage had been supplied to the police station. The said complaint was made to Police Chowki Rampur which was later sent to Police Station, Kotwali, Korba and on the complaint of Rajesh Chandani, the police registered an offence under Sec. 3 of Chhattisgarh Chikitsa Sevak tatha Chikitsa Seva Sansthan (Hinsa Tatha Sampatti Ki Shati Ya Hani Ki Roktham) Adhiniyam 2010 against the family members of Smt Pushpa Rathore. Just to counter blast, the respondent no. 3 lodged a report against the petitioners, by lodging the First Information Report 764/2022, Police Station Kotwali Korba and police without considering the direction of the Hon'ble Court as well as Hon'ble Supreme Court, had directly registered an offence under Sec. 294, 506, 323, 304 A read with Sec. 34 of Indian Penal code against the petitioners. In fact, the petitioners are the victims and against them only, the FIR had been lodged. As no treatment had been given by the petitioners to the patient namely Smt. Pushpa Rathore, hence no offence under the aforesaid Sec. is made out against them. Even the CCTV footage and photographs speaks in volume that respondent no. 3 and their family members and other known to them had converted the Hospital into a battle zone and had assaulted the petitioners and other staff of the Hospital. Only when the report was lodged by the petitioners, in order to save themselves, the respondent No. 3 had lodged the report. Mr. Kotecha further submits that the respondent No. 2, before registering offence against the Doctors/petitioners, had not complied with the direction issued by the Hon'ble Supreme Court and this Hon'ble Court and further there is totally non-compliance to the direction of the Hon'ble Supreme court. The registration of FIR against the petitioner is totally illegally without any foundation and the same deserves to be quashed by this Hon'ble Court. In support of his submissions, he relies on the decisions rendered by the Supreme Court in Jacob Mathew v. State of Punjab and Another, {(2005) 6 SCC 1}, and Martin F. D"souza v. Mohd. Ishfaq {AIR 2009 SC 2049} and the order passed by this Court in Dr. Smt. Krishna Dixit v. State of Chhattisgarh {AIRONLINE 2019 CHH 1547}. Mr. Kotecha further relies on the decision of the Supreme Court in State of Haryana v. Bhajan Lal {1992 Supp (1) SCC 335} to contend that even if the FIR has been registered, the same can be quashed under certain circumstances to prevent abuse of process of law.