MANOJ MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dtd. 6/8/2021 passed the the learned Chief Judicial Magistrate-Gorakhpur in Case No.2152 of 2021 (Manoj Mishra v. Dr. Sudhakar Pandey), by which, the application of the applicant under Sec. 156(3) Cr.P.C. was rejected.

(3.) The brief facts of the case is that the father of the applicant was ill and got serious on 3/5/2021, thereafter, applicant took him to the District Hospital-Gorakhpur but In-charge of the Emergency Ward of the District Hospital-Gorakhpur stated that he would not look after the father of the applicant without COVID test report. The applicant's father was tested for COVID-19 on the same day and the antigen as well as RT-PCR report was "negative". The applicant approached the In-charge of the Emergency Ward of the District Hospital-Gorakhpur who stated that his father was not in a serious condition and advised the applicant to take his father home. After reaching home on the same day i.e. 3/5/2021 at about 09:00 p.m., his father fell down and, thereafter, the applicant called for ambulance and the father of the applicant was again taken to the District Hospital-Gorakhpur at about 10:30 p.m. and his father was allotted bed in the COVID Ward at about 12 'o' clock in the night. There was no management of oxygen in the hospital. On 4/5/2021, the applicant rushed to the house of opposite party no.2 and stated about the condition of his father and management of the hospital but when opposite party no.3 came on round, he did not checked his father as the bed ticket was not prepared by the authority concerned. On 4/5/2021, the swab and blood sample was taken for COVID-19 test. The RT-PCR report came on 26/5/2021 as "positive". However, on 4/5/2021, at about 10:30 p.m., the father of the applicant was declared dead. Thereafter, the applicant moved an application under Sec. 156(3) Cr.P.C. against the opposite party nos.2 and 3 but the said application was rejected by the learned lower court vide order dtd. 6/8/2021 by relying on the law laid by the Hon'ble Apex Court in Jacob Mathew v. State of Punjab reported in (2005) 6 SCC 1.