TABASSUM SAIFI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This application has been filed under Sec. 438 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for being released on anticipatory bail in FIR No.191/2023 registered at Shaheen Bagh, South-East, Delhi for offence under Ss. 419/420 of the Indian Penal Code, 1860 (in short, 'IPC'). The above FIR has been registered post an order passed by the learned Metropolitan Magistrate under Sec. 156(3) of the Cr.P.C. on an application filed by the Complainant-Mohd. Yousuf, father of the deceased-Andleeb Iram. During investigations, Ss. 468/471 of the IPC have also been added. Factual Matrix

(2.) It is the case of the prosecution that on 24/3/2022, the deceased was admitted to the hospital of the applicant herein, that is the Medicare Hospital, located at FA-39-40, Abul Fazal Enclave-1, Jamia Nagar, New Delhi, as she was complaining of labour pain. On the same day, at about 8-8:15 PM, she gave birth to a male child through normal delivery. Post the delivery, the deceased showed signs of mild Post-Partum Haemorrhaging (PPH), due to which she was losing blood and was in distress. The Complainant further stated that at about 8:20-8:30 PM, the father of the complainant took discharge of the deceased and shifted her to the Holy Family Hospital, NFC, Delhi, where she unfortunately passed away at about 10:30 PM. Subsequently, the father of the deceased filed a complaint, on 19/4/2022, and then, on a direction passed by the learned Metropolitan Magistrate, the above-mentioned FIR came to be filed. Initially, the FIR was registered for offence under Ss. 419/420 of the IPC, but during the course of investigation, the charges under Ss. 468/471 of the IPC have also been attracted.

(3.) It is further the case of the prosecution that during initial inquiry, it was revealed that the applicant holds a degree in Bachelor of Unani Medicine and Surgery (BUMS) from the Faculty of Medicine (Unani), Jamia Hamdard Delhi, but she had used a forged stamp by the name of Dr. F. Tabassum, MBBS, DGO (Obs and Gynae), having DMC registration no.69048. It is alleged that during the course of inquiry, it has been revealed that no such doctor is registered with the said registration number with the National Medical Council.