SUMAN SABHARWAL AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) CRL.M.C. 2140/2015.

(2.) VIDE the present petition, petitioners seek directions thereby quashing of FIR No. 219/2010, registered at PS -Deshbandhu Gupta Road, New Delhi for the offences punishable under Sections 337/420/468/471/201/120B IPC against them.

(3.) THE aforesaid case was registered on the complaint of respondent no. 2 filed under Section 156(3) Cr.P.C. wherein she alleged that on 15.09.2009, she was admitted in Shree Jeewan Hospital for delivery and on the same day at about 11.15 PM, she gave birth to a female child. However, while conducting the delivery, the Doctors of the aforesaid hospital left a needle in her uterus. As a result of which, she suffered mental agony, trauma, pain and profuse bleeding. After the delivery, she was shifted to a room, but there also her bleeding did not stop and when she requested the Doctors for her check up, they did not pay any heed to her request. However, on the next day, i.e., 16.09.2009, her x -ray was conducted and it was revealed that a needle was left in her Uterus while conducting delivery, due to which she got infection and thus is not able to conceive in future. Accordingly, she reported the matter to the Police, but Police did not take any action. Thereafter, she filed a complaint under Section 156(3) Cr.P.C. wherein ld. CMM directed to lodge an FIR and accordingly the aforesaid case was registered against the petitioners.