MEENAKSHI JAIN Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 482 Cr.P.C. seeking the following reliefs:

(2.) Briefly stated the facts leading to the filing of the present petition are that the father of the petitioner, who is a practicing lawyer was admitted on 06.3.2009 in Apollo hospital. Unfortunately, he died on 01.4.2009. It is stated by the petitioner that on 16.2.2010, she had obtained an expert opinion by Dr. V.J. Anand, Consultant Surgeon and on the basis of the same, she filed a complaint on 19.3.2010 before the Delhi State Consumer Disputes Redressal Commission.

(3.) On 14.6.2010, a Board of Doctors of Maulana Azad Medical College was constituted on the directions of the President of State Consumer Forum and it gave an opinion that the death of the deceased was caused because of the medical negligence. On 12.10.2010, the petitioner filed a complaint seeking prayer to register an FIR under Section 304-A IPC against the Apollo Hospital and its doctors for forging and tampering with the record and causing the death of her father by medical negligence. On 19.10.2010, a complaint of the medical negligence and professional misconduct against the said hospital and its doctors was made before the Delhi Medical Council. On 6 th December, 2010, the present petitioner filed an application under Section 156 (3) Cr.P.C. before the learned Magistrate, Saket Courts, New Delhi seeking directions to the police for registration of an FIR against the doctors of the Apollo hospital for causing death by negligence. On 28 th July, 2011, the impugned order was passed by the learned Magistrate directing the Delhi Medical Council /respondent no.2 to expedite the hearing of the complaint bearing No.780/2010 and file the Action Taken Report.