SANJEEVAN MEDICAL RESEARCH CENTRE Vs. STATE

JUDGEMENT

(1.) The present Application bearing CRL.M.A. No. 10046/2011 has been filed by the Applicants (who are Respondent Nos. 2/ Dr. D.K. Satsangi and Respondent No. 3/Mrs. Poonam Satsangi in Crl. M.C. 2358/2010 i.e. the original complainants) seeking recall/review of the impugned judgment dtd. 11/2/2011 passed by this Court in Crl. M.C. 2358/2010.

(2.) Vide the impugned Judgment dtd. 11/2/2011, this Court, in exercise of its inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), had allowed the Crl. M.C. 2358/2010 filed by the Non-Applicants/Petitioners and quashed the criminal complaint instituted by the Applicants/Respondents, alleging that their son/Rahul Satsangi had died due to medical negligence while being treated at Petitioner No. 1/Sanjeevan Medical Research Centre, Darya Ganj.

(3.) Succinctly stated, a complaint was preferred by the Applicants/Complainants under Sec. 156(3) of the CrPC. After taking cognizance, considering that the allegations pertained to death of their Son/Rahul Satsangi allegedly caused by medical negligence of the accused doctors working with Petitioner No. 1 and due to administration of antibiotics namely - azithromycin and levofloxacin which caused a drug-allergic reaction leading to his death, the learned MM directed the Director of All India Institute of Medical Sciences ('AIIMS'), to constitute a Medical Board comprising of doctors specialized in the field to examine the matter and render its opinion on whether the death of the Applicants' son was attributable to negligence on the part of the treating doctors.