V K BINDAL Vs. STATE

JUDGEMENT

(1.) IN these two petitions under Section 482 of the Criminal Procedure code (the Code), the petitioners seek quashing and setting aside of the order dated 13/9/2006 passed by the learned Metropolitan Magistrate, Tis Hazari courts, Delhi under Section 156 (3) of the Code, directing the concerned SHO to lodge an FIR on the basis of the complaint made by the complainant.

(2.) THE background facts may first be stated. The complainant Murari lal Goel had filed a writ petition (Criminal) No. 680/1997 before this Court for registration of FIR as no FIR was registered despite lapse of considerable period on his complaint to police. The Division Bench of this Court issued directions which led to registration of FIR No. 635/1998 under Section 304a ipc against the petitioners. The police filed the chargesheet in November, 1999 before the Magistrate. One of the documents relied upon in the chargesheet was an enquiry report prepared by a committee headed by Dr. U. A. Kaul. This enquiry was ordered by the Govt. of NCT of Delhi on account of the demise of the son of the complainant allegedly under the care and supervision of the petitioners, who are both medical doctors. Photocopy of the said enquiry report was filed along with the chargesheet.

(3.) DURING the pendency of those proceedings the complainant also filed a claim before the National Consumer Disputes Redressal Commission (National Commission) being O. P. No. 29/2000. In those proceedings, the petitioners herein, who are the respondent before the National Commission, produced and filed on record, what is claimed to be, a copy of the aforesaid committee report of Dr. U. A. Kaul. The petitioners state that they obtained a copy of the report from the Government of NCT of Delhi by making an application under the Right to Information Act. Admittedly, the copy of the report as filed along with the chargesheet aforesaid, and the one filed by the petitioners before the National Commission are at material variance.