SUSHIL GATTANI Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. Petitioners were running a Nursing Home known by the name of Avadh Hospital and Heart Centre, Alambagh Lucknow. Petitioner Nos. 1 to 4 are doctors said to be holding post-graduate qualifications and Petiti oner No. 1 is the Manager of said Nursing Home. Sunil Singh Rathore opposite party No. 3 admitted his wife Smt. Suman Singh in the said Nursing Home on 21-3-1998 at 11. 50 p. m. At that time she was running in high temperature. It appears from the papers that she was suffering from Septicemia, stone-in the gall-blad der and was carrying pregnancy. She was ideated the Nursing Home and ultimate ly on 24-3-1998 she was referred to the Sanjay Gandhi Post Graduate Institute of Medical Science Lucknow (In short SGPGI) and was discharged from the said Nursing Home on 25-3-1998. S. G. P. G. I. referred her to Queen Marry's Hospital which is ladies hospital attached to Medi cal College which referred her to Medical College and ultimately Smt. Suman Singh Rathore died on 6-4-1998.

(2.) THE opposite party No. 3 felt that his wife had died on account of negligence of treatment done at Avadh Hospital and Heart Centre and consequently he wanted to lodge an FIR at police-station but the police did not lodge the same. He moved learned Magistrate under Section 156 (3), Cr P. C. who by means of order dated 28-4-1998 directed the police to register the FIR. In pursuance of this order, FIR. case crime No. 193/98 under Sections 304-A, 504, 506, IPC was registered at police station Krishna Nagar, Lucknow on 23-4-1998 against all the five petitioners. It appears from the FIR that the investigation has been entrusted to S. S. I Sri Veer Bahadur Pandey. This petition under Sec tion 482, Cr. P. C. has been preferred for setting aside the order dated 22-4-1998 by which learned Magistrate directed the police under Section 156 (3), Cr. P. C. to register the FIR. , quashing of the FIR has also been prayed and interim relief during the pendency has been prayed for staying further proceedings being undertaken on the basis of a aforesaid FIR.

(3.) IN view of this, Senior Superinten dent of Police, Lucknow is directed to entrust the investigation of this case to an officer not below the rank of Dy. Superin tendent of Police which means that the investigation can even be entrusted to an officer of the rank of Superintendent of Police also. Such nominated INvestigating Officer shall carry out the investigation expeditiously and he shall not arrest the petitioners till sufficient evidence is col lected during the investigation implicat ing the petitioners or anyone of them in the negligence of treatment of Smt. Suman Singh Rathore.