KUMAR SAUMITRA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') has been filed by the petitioners for quashing of the order dated 10.11.2014 passed by the learned Additional Sessions Judge in Criminal Revision No. 34/2014, whereby while upholding the judgment dated 28.04.2014 passed by the learned Metropolitan Magistrate in CC No. 71/1/13, the said petition was dismissed by the learned Sessions Judge.

(2.) BRIEF facts of the case are that on the intervening night of 06/07.08.2012, petitioners were going on a motor bike and hit by a Suv Car at about 11:00 PM. Both the petitioners suffered injuries due to the above mentioned road accident. They reached at AIIMS Hospital, where they were told that they would be treated in JPN Centre, New Delhi. As per complaint, the petitioners waited in JPN Trauma Centre till 1:00 AM but neither they were attended by any doctor nor given any first aid as all the doctors and staff of the said hospital were busy in gossiping in room No. 13. When the petitioners requested the doctors and the staff of the hospital to give treatment, they were pushed outside by the security guards and thereafter, beaten with fists and blows. It was also alleged that they were locked in a room and beaten up. In the meantime, somebody informed the police and 45 police officials also reached there. They were taken to P.S. Safdarjung Enclave and were kept in lockup. It was alleged that gold chain and two lockets of the petitioners were snatched by the police officials. In the meantime, sister and brother of petitioners also reached the Police Station. Accordingly, FIR No. 279/2012 was registered in P.S. Safdarjung Enclave for the offences punishable under Sections 186/353/333/324/34 IPC against the petitioners on the allegations that they had caused injuries upon the persons of staff of AIIMS Hospital. MLCs of Dr. Varun, Dr. Ajit and Mr. Rahul (respondents) were also prepared.

(3.) WHEREAS , as per the FIR in question, both the petitioners entered in the Emergency Department of Trauma Center, AIIMS with alleged history of fall with alcohol present in their breath. Accordingly, they were attended by junior resident on duty Dr. Nupur and were advised for medication and other treatments. When the nurses on duty tried to administer injection, the petitioner No. 1 refused the same. He was again requested by doctors for taking injection but he started misbehaving with the doctors and staff. Petitioner No. 2 also started abusing doctors and staff in front of resident's desk. They were taken near minor OT, where they started misbehaving with other patients and their attendants. Many persons also tried to convince them but they continued misbehaving and eventually police was called and FIR in question was registered against the petitioners. In fact, during quarrel, the petitioners injured three staff persons, namely, Ajit, Varun and Rahul, whose MLCs, which mention the factum of assault by a person under the influence of alcohol in the Emergency Department, have also been placed on record. However, the same have been stated to be fabricated by the petitioners in their complaint. As mentioned in FIR, the said incident had badly affected the working of Emergency Department for almost 2 -3 hours.