HUKAM CHAND Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner filed a complaint case along with an application under Section 156 (3) Cr.P.C. for registration of a case against respondent Nos. 4 to 6, that is, Dr. Monica Khosla and Dr. Ashok Aggarwal both working at NDMC Charak Palika Chikitsalaya and Inspector Om Prakash, SHO, PS R.K. Puram, Delhi for offences under Sections 302/201/120B/34 IPC and Section 3 of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act.

(2.) The grievance of the petitioner was that on 22nd November, 2005 his daughter was suffering from acute dizziness when she was taken to NDMC Charak Palika Chikitsalaya, Moti Bagh. Chhaya, the daughter of the petitioner was examined by Dr. Monica Khosla who prescribed two tablets, one in the evening and another in the morning and sent back the patient stating that there was nothing to worry. While the petitioner along with his daughter and wife were sitting outside on the bench waiting for the scooter, condition of Chhaya deteriorated whereafter Dr. Monica Khosla re -examined her at 8.15 PM in casualty room and administered an injection. However, after seven -eight minutes Chhaya passed away. When the petitioner and his wife raised their voice being aggrieved by the negligence of the doctors, they abused them. The petitioner made a complaint to the SHO, PS Moti Bagh however, no action was taken. Despite making representations and written complaints to the senior officers including the Commissioner of Police and Lieutenant Governor of Delhi no action was taken.

(3.) Vide the impugned order dated 7th November, 2009 the learned Metropolitan Magistrate dismissed the application after it had received the opinion of the doctors along with the other documents on 3 rd July, 2007. The Court noted that in view of the proceedings before the Court the police had investigated the matter at the level of ACP concerned under the supervision of the Court and recorded statements of the witnesses, collected postmortem report, viscera report and CFSL report. Thus no useful purpose will be served for sending the matter for investigation to the police again and thus application under Section 156 (3) Cr.P.C. was dismissed. As regards cognizance of the offence of medical negligence, the Court noted that the Board of doctors had observed that the treatment given to the deceased was proper and adequate and the cause of death of the deceased was natural. The opinion of the CFSL also pointed out that no Metallic poison, Ethyl and Methyl Alcohol, Cyanide, Phosphide, Alkaloids, Barbiturates, Tranquilizers and insecticides could be detected in the samples seized. Thus in view of the judgment of the Supreme Court reported as 2006 (6) SCC 1 Jacob Mathew vs. State of Punjab no case for medical negligence was made out. Further, both the doctors were government doctors and sanction under Section 197 Cr.PC was required for proceeding further which was not there on record. Hence the Court did not have the power to take cognizance of the offence alleged. The Court thus declined to take cognizance of the offence alleged against them.