LAWS(DLH)-1991-8-5

A M BERRY Vs. RAVI ARORA

Decided On August 14, 1991
A.M.BERRY Appellant
V/S
RAVI ARORA Respondents

JUDGEMENT

(1.) Facts giving rise to this petition are that one Shri Ravi Arora, hereinafter referred to as respondent No. 1, filed a criminal complaint in the Court of the Metropolitan Magistrate Delhi under Sections 336/338/ 420/34 Indian Penal Code against Dr. A M. Berry, hereinafter referred to as the petitioner, Dr. Tripta Dutta (respondent No. 2), Dr. (Mrs.) Chander Kanta Bhalla (Respondent No. 3) and Dr. O.P. Sharma (Respondent No. 4) all attached to Sir Ganga Ram Hospital.

(2.) The concerned Metropolitan Magistrate took cognizance in the matter and found a prima fade case for rash and negligence Act on the part of Dr. Tripta Gupta, Dr. Chander Kanta Bhalla and Dr. A.M. Berry. He summoned them for the offences punishable under Sections 336 and 338 IPC. According to him, all these three accused persons conducted an operation of parotid abcess on the face of a baby 17 days old in a rash and negligent manner causing damage to the nerves. The incision given was not transverse rather it was oblique. Even the consent of the guardian of the baby was not obtained before conducting the operation.

(3.) The order of summoning was challenged by Dr. A.M. Berry by filing a petition. Cr. M. (M) 555/87 in this Court under Section 482 Cr.P.C. but the same was dismissed by M.K.Chawla, J. in limine passing an order as under: