(1.) THIS is a petition filed under Section 439 (2) read with Section 482 of the code of Criminal Procedure 1973 (Crpc) seeking cancellation of the bail granted to Respondent No. 2 Dr. Chander Prakash by an order dated 25th July, 2001 passed by the learned Additional Sessions Judge, Delhi ( ASJ ) in the case arising out of FIR No. 311 of 2001 under Section 304 IPC registered at Police Station Ashok Vihar.
(2.) IT is stated that on 16th May 2001 the Petitioner s brother met with an accident at Azadpur and was taken for treatment to the Sundar Lal Jain charitable Hospital, Ashok Vihar. It is stated that although the Petitioner was prepared to deposit Rs. 6,500/-, the hospital authorities were reluctant to admit the victim unless Rs. 25,000/- was initially deposited. On account of the refusal by the said hospital authorities to admit the Petitioner s brother, and to even provide him an ambulance to take him to some other hospital, the petitioner was compelled to take his injured brother to Shusrut Trauma Centre in his car and on reaching the said centre, the doctors declared the Petitioner s brother as brought dead.
(3.) AGGRIEVED by the death of his brother, which according to the Petitioner could have been avoided if only he had been given prompt treatment at the Sundar lal Jain Charitable Hospital, a complaint was lodged by him with the police. An fir was thereafter registered under Section 304 IPC against Respondent No. 2 Dr. Chander Prakash. It is stated that in the course of investigation it was revealed that the accused had tampered with the medical record as the entry regarding blood pressure was in the duplicate of the treatment card whereas it did not figure in the original.