REETA BAGCHI Vs. STATE OF U P

JUDGEMENT

(1.) If not all the petitioners at least petitioners No. 1 and 2 are running nursing home at Lucknow by the name of Shishu Mangal Bal Chikitsalaya. Smt. Reshma Devi, opposite party No. 2 appears to be an unfortunate mother who got admitted her ailing tender son aged about a few days only for treatment in the said nursing home. The said nurshing home treated the child for sometime and thereafter expressed its helplessness and asked the mother to take away the child to the K. G. Medical College, Lucknow where she admitted the child but it ultimately died there on 11-4-1994. The opposite party No. 3 is the grandfather of that child.

(2.) The opposite party No. 2 lodged an FIR for negligence against the petitioners under Section 304-A IPC which was investigated by the Investigation Officer. After investigation, a chargesheet has been furnished and the petitioners have appeared therein. Now they have filed this petition under Section 482 Cr.P.C. with the contention that the chargesheet does not disclose any offence, therefore, they should not be unnecessarily dragged to face trial.

(3.) It was contended by the learned counsel for the petitioners that' no documents are accompanying with the chargesheet which disclose negligence of the petitioners. This argument has no substance. It is not an ordinary case but a case of alleged negligence on the part of highly qualified doctors. The Investigating Officer has his own limitation and it may not be possible for him to bring out all the details during investigation. These are the matters which require evidence and opinion of experts on the medical side. It may not be possible for the Investigating Officer to collect such expert evidence and opinion which shall be subject matter of the trial. However, it is always open and it is now open to the petitioners to approach the learned Magistrate and contend before him that no triable case is made out against them or any of them. The learned Magistrate shall consider the same and in case he comes to the conclusion that no triable case is made out either against the petitioners or some of them, he shall drop the trial against such persons.