DR. R.R. RANA Vs. STATE

JUDGEMENT

(1.) BY this revision petition filed under 397 read with Section 401 Cr.P.C. the petitioner is impugning the order dated 14.09.2005 whereby the learned M.M ordered to frame charge against the petitioner Dr.R.R.Rana (accused in case FIR No.48/2000, under Sections 338/420 IPC, registered at P.S. Seema Puri, Delhi) for committing the offence punishable under Section 338/420 IPC. In brief the case of the prosecution is that Smt. Kusum Pahwa, wife of the complainant Manmohan Pahwa was pregnant and she along with her husband contacted the petitioner for medical termination of pregnancy (MTP). On 07.01.1997 the wife of the complainant visited the clinic of the petitioner to get the pregnancy terminated in his clinic i.e. Munpee Clinic and Fertility Centre. After keeping the wife of the complainant in the clinic for a few hours, the petitioner informed the complainant and his wife that the MTP has been done. He charged Rs.1500/ - and discharged the patient Smt. Kusum Pahwa.

(2.) AFTER discharge from the clinic, since certain complications developed, the complainant got the ultrasound test of his wife conducted at Bhupender Clinic, Bulandshahr (U.P.) on 03.02.1997 and the ultrasound report confirmed pregnancy of 13 weeks.

(3.) THE complainant also expressed suspicion on the genuineness of the degree of MBBS and MS in Obstetrics and Gynaecology and qualifications of Dr.R.R.Rana, petitioner and prayed for legal action against him. On the basis of complaint and medical record, FIR was registered against the petitioner for committing the offences punishable under Sections 420/120B/338 IPC. During investigation, it was revealed that Rajdhani Nursing Home had no role in the matter except that space was provided by the said Nursing Home due to personal relations with the petitioner Dr.R.R.Rana who claimed Smt.Kusum Pahwa to be related to him closely and that no amount was charged by Rajdhani Nursing Home for this surgery at its premises.