BALAJI HOSPITAL PVT LTD Vs. OM PRAKASH KHATRI

JUDGEMENT

(1.) Petitioners Balaji Hospital Pvt. Ltd. and Dr.P.K.Jain, a consultant surgeon with said hospital pray that complaint No.39/2001 under Section 304-A read with Section 34 of the Indian Penal Code be quashed.

(2.) Petitioners have been summoned by the learned Metropolitan Magistrate in a complaint filed by Om Prakash Khatri under Section 190 read with Section 200 Cr.P.C. 1973.

(3.) Undisputed facts are that the mother of the complainant was admitted at Balaji Hospital Pvt. Ltd. i.e. petitioner No.1 for gall bladder surgery. On 14.1.2003, the gall bladder was removed. Surgery was conducted by petitioner No.2. The patient was discharged on 22.1.2003. It is also not in dispute that when the gall bladder was removed it was full of large stones and had pus accumulated within it. The gall bladder was sent to a pathologist for an opinion whether it was cancerous.