SHIV DUTT SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rakesh Dubey, learned counsel for the petitioners and learned A.G.A. and perused the record.

(2.) Petition has been preferred to quash the proceedings of case no. 622 of 2009, State vs. Shiv Dutt Sharma and others, charge sheet no. 4/2009, arising out of case crime no. 18/2009, Police Station Akbarpur, District Kanpur Dehat, under section 304 A IPC and 3 (1) (X) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the court of learned Chief Judicial Magistrate, Kanpur.

(3.) Learned counsel for the petitioner submits that as per the prosecution version one Ram Shankar (deceased) husband of complainant Savitri Devi was admitted for treatment in Pushpeya Hospital Gandhi Nagar, Akbarpur, District Kanpur Dehat on 12.08.2008 by his nephew Om Narain an amount of Rs. 50000/- was deposited in the hospital but receipt of only 5500/- was issued. He was operated upon by Dr. Sohail and Dr. Vivek Shukla. It was advised by them that water should not be administered to the patient but the same was given to him on 16.8.2008. Deceased Ram Shankar died in the hospital. When the complainant demanded the receipt of Rs. 50,000/-, she was abused and threatened. It is further submitted that a poisonous injection was given to the deceased causing his death. Application under section 156(3) Cr.P.C., 1973 was moved by the complainant on 01.11.2008 wherein the learned Magistrate passed an order for registration of the case which was registered on case crime no. 18/2009, under section 304 IPC and 3 (2) (V) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Akbarpur. After investigation, Investigating Officer recorded a finding that at the most case is made out under section 304 A IPC and 3(1) (X) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Accordingly, charge sheet was submitted by him. It is further submitted that the petition was preferred by the petitioners being petition no.718/2009 wherein the arrest of the petitioner was stayed vide order dated 29.01.2009. After submission of the charge sheet cognisance was taken by the learned Magistrate.