DR. MEERA MALIK Vs. STATE OF U.P

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. has been filed for quashing of charge-sheet No.157 of 2015 dated 12.06.2015 arising out of Crime No. 494-C/2015 under Sections 420, 338 and 201 I.P.C., Police Station Kotwali Nagar, District Raibareli.

(2.) Brief facts in the backdrop of which this petition has been filed are that opposite party no.2-Kunwar Vikrant Singh moved an application under Sec. 156 (3) in the Court of Chief Judicial Magistrate, Raibareli, stating therein that his wife was pregnant and was being medical supervised by the petitioner-Dr. Meera Malik. The petitioner assured normal delivery. At the last moment petitioner informed the opposite party no.2 that condition of patient was deteriorating as the baby was stuck inside, hence minor operation was required. However, opposite party no.2 did not agree for operation and insisted for normal delivery. On the assurance of the petitioner that everything would be normal, opposite party no.2 signed on consent papers. Thereupon operation was conducted, but after operation her condition did not improve and she was also not in sense when the petitioner was not able to give clear answer and was giving false assurances, the opposite party no.2 got the patient discharged from petitioner's hospital and admitted her in Sahara Hospital, Lucknow where he was told that due to negligence of attending Doctor, there was excess bleeding endangering her life. According to opposite party no.2, the medical negligence of petitioner in conducting operation caused excessive bleeding and blood clotting, therefore, application for lodging F.I.R. was moved in the Court of Chief Judicial Magistrate, Raebareli.

(3.) Under the order of Chief Judicial Magistrate, F.I.R. was registered at Case Crime No. 449 C.2015 under Sections 420, 338 and 201 I.P.C., in police station Kotwali Nagar, District Raebareli. After investigation having found prima facie evidence against the petitioner, police filed charge-sheet in the Court, which has been challenged by the petitioner under Sec. 482 Crimial P.C.