A. K. BANERJI Vs. STATE

JUDGEMENT

(1.) THERE are three petitioners before this Court. Petitioner No. 1 Dr. A.K. Banerji, petitioner No. 3 Dr. Varindera Paul Singh are the two Neurosurgeons and petitioner No. 2, is a general physician. The present proceedings have arisen out of the complainant dated 06.02.2005 filed by Munni Devi Barthwal alleging medical negligence against the aforenoted doctors.

(2.) RECORD reflects that on 30.11.2004, the complainant Munni Devi Barthwal was admitted in VIMHANS Hospital (where the petitioners were working at that time) on being diagnosed as a case of Dorsal Myelitis. In the course of her treatment on 20.12.2004, her right hand had to be amputated. On 05.02.2005, a complaint was lodged by her husband before the Competent Authority of VIMHANS Hospital stating that they were dissatisfied with the treatment. The formal complaint was filed in the concerned police station one day after i.e. on 06.05.2005 pursuant to which the present FIR was registered on 07.02.2005. FIR was registered under Section 338 of the Indian Penal Code, 1860 (IPC) .

(3.) AFTER investigation, charge -sheet was filed before the concerned Magistrate on 07.07.2008. The Magistrate on 04.08.2008 had directed notice under Section 201 of the IPC to be served upon aforesaid petitioners. Relevant extract of the order dated 04.08.2008 reads herein as under: -