GEETANJALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Shailendra Kumar Yadav and Mr. Mahesh Prasad Yadav, learned counsel for the applicant and Mr. Prashant Kumar, learned A.G.A. for the State assisted by Mr. P.K. Shahi, learned special counsel for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed to quash the judgment and order dated 15th March, 2018 passed by the Chief Judicial Magistrate, Allahabad in Complaint Case No. 1521 of 2015 (Geetanjali v. Dr. R.P. Shukla and Others), whereby the complaint made by the applicant through an application under Section 156 (3) Cr.P.C. has been rejected. The applicant has also challenged the judgment and order dated 1st October, 2019 passed by the Additional Sessions Judge, Court No.21, Allahabad in Criminal Revision No. 120 of 2018 (Geetanjali v. Dr. R.P. Shukla and Others) whereby the revision filed by the applicant has been dismissed and the judgment and order passed by the concerned Magistrate dated 15th March, 2018 has been affirmed.

(3.) Learned counsel for the applicant submits that the case of applicant is that the husband of applicant, namely, Shyamendra Kaushal became suddenly ill on 27th July, 2015, the applicant and her father-in-law, namely, Achhe Lal Yadav got him admitted in Emergency Ward of Nazreth Hospital for his medical aid after depositing requisite charges towards fees of emergency ward, medicines, doctors etc. Opposite party no.2, Dr. R.P. Shukla was assigned the work of medically treating the husband of the applicant. After medically test etc., opposite party no.2 told the applicant that presently the condition of her husband is normal and further asked the applicant to take him to her home and on the next day i.e. 28th July, 2015, she would take him to the OPD of the hospital, where he will medically examine him again, but seeing the condition of her husband, the applicant and other family members requested opposite party to admit her husband and provide medical aid for whole night. Consequently, the husband of the applicant was admitted by opposite party no.2 namely, Dr.R.P. Shukla and on his advise medicine was given to her husband and whole night treatment was continued but despite consuming medicine as per advise of the opposite party no.2 (Dr. R.P. Shukla), the health condition of her husband became critical, due to which a hot talk was exchanged between the applicant and the opposite party no.2. Because of aforesaid hot talk it appears that opposite party no.2 being the doctor might have provided noxious medicine to her husband deliberately and ultimately on 28th July, 2015 at about 04:00 p.m. her husband died in Nazreth Hospital, Allahabad. On being asked the reason by the applicant that at morning in pathology test report, ailment of malaria was reported and platelets were found less than accurate and the applicant thereafter had been praying for providing medicine for increasing platelets but all went in vain and after some time husband of the applicant died due to negligence and improper treatment of the opposite party no.2, therefore, for punishing him, the applicant has moved an application under Section 156 (3) Cr.P.C. on 17th September, 2015, but the same has been treated as a complaint case i.e. the present complaint case. With a view to prove prima facie negligence on the part of the opposite party no.2 and the management of Nazreth Hospital, the applicant got her statement recorded under Section 200 Cr.P.C. The applicant has also got examined Achhe Lal Yadav as P.W.-1 and another witness, namely, Amar Nath Yadav. The concerned Magistrate has proceeded further. However, without considering the contents of the application and statements of the witnesses, the concerned Magistrate has illegally rejected the complaint of the applicant filed under Section 156 (3) Cr.PC. The grounds mentioned in rejecting the complaint of the applicant are that on 12th October, 2015, the Chief Medical Officer, Allahabad was directed to constitute a medical board, which would conduct an enquiry with reference to the averments made in the complaint and submit report before the court of concerned Magistrate. It is further submitted that the report of the medical board appears to have submitted its report and about the cause of death the opinion of the medical board is mentioned in the impugned order. With reference to the report of the medical board, it is submitted by the learned counsel for the applicant that no notice was ever given to the applicant by the medical board, so that the applicant could have factual scenario and negligence of the opposite party no.2. Learned counsel for the applicant further submits that in the judgment and order, there is no recital that the medical board has made an inquiry about the skill of opposite party no.2 as to whether he was competent person to exercise ordinary skill particularly with regard to ailment of applicant's husband.