THIRAVIUM Vs. L WILFRED RAJ

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.222 of 2010 on the file of the Judicial Magistrate No.2, Nagercoil.

(2.) It is averred in the petition that the respondent's wife Tmt.Vimala Rani was admitted in the petitioners' hospital on 16.05.2008 for right hip pain, which was present for five years. After preliminary investigation and treatment, she was suggested right hip replacement surgery as other measures had failed. After getting consent and proper fitness, surgery was performed on 25.05.2008 under anesthesia. During reaming of femur, thigh bone, so as to fit into the joint cavity, fat present in femur got dislodged and resulted in fat embolism. Fat embolism caused pulmonary embolism finally ending up with disseminated intra vascular coagulation, by which the blood looses its potency to clot and all the blood vessels of the body start to bleed uninterreupted. The best possible treatment was given and many bottles of blood were transfused. In spite of herculean efforts, the patient died later in ICU.

(3.) The respondent/complainant preferred a private complaint before the Judicial Magistrate No.2, Nagercoil on 09.09.2008. The Judicial Magistrate instructed the DSP to submit an enquiry report. On the request of DSP, the Dean, Kanniyakumari Government Medical College Hospital constituted an enquiry committee consisting of head of department of orthopedics, medicine and anesthesia. The committee gave a finding that patient was given all the necessary treatment and there is no negligence on the part of medical personnel as per the records of the hospital. However, the Judicial Magistrate sent notice to the petitioners, taking the case on file as C.C.No.222 of 2010. The Judicial Magistrate is in error to have taken the complaint on file. The Judicial Magistrate has not followed the judgment of the Hon'ble Supreme Court, which exfacie illegal. Therefore, the proceedings as against the petitioners are to be quashed.