MANGALSEN ALIAS MANGAL Vs. STATE OF U P

JUDGEMENT

(1.) MANGAL Sen, the applicant has approached this Court, under Section 482, Cr. P.C. with the prayer that the two impugned orders dated 11.9.2007, passed by Chief Judicial Magistrate, Pilibhit, in Misc. Case No. 982M of 2007, MANGAL Sen Misra v. J. N. Misra and others and the subsequent revisional court's order dated 22.9.2007, passed by Additional District and Session's Judge, Court No. 4, Pilibhit in Criminal Revision No. Nil of 2007, be quashed. By the former order, C.J.M., Pilibhit has rejected the application of the applicant under Section 156 (3), Cr. P.C. for getting his F.I.R. registered of such a crime, where his wife had lost her life. Lower revisional court has also rejected the revision preferred by the applicant challenging the aforesaid order passed by C.J.M.

(2.) IN brief, the allegations levelled by the applicant in his application, under Section 156 (3), Cr. P.C. against Dr. J. N. Misra and his colleagues were that Somwati, wife of the applicant developed breathing complications on 5.8.2007 and hence she was shown to Dr. J. N. Misra, who gave her some medicines. However, the condition of the wife deteriorated and, on 7.8.2007 at 2 p.m. she developed serious breathing trouble. Somwati went on her own to the Doctor, who charged Rs. 750 as his fees but the condition of the wife further deteriorated and therefore she was advised hospitalisation by the said Doctor and, for that purpose, he raised a demand of Rs. 15,000 informing her that oxygen etc. had to be administered to her. Since Somwati did not have the adequate money demanded by the Doctor, therefore, she was neither hospitalised nor treated by the said Doctor.

(3.) ON, above facts, applicant approached the Chief Judicial Magistrate, Pilibhit under Section 156 (3), Cr. P.C. on 31.8.2007, to get his F.I.R. registered, which application of the applicant was registered as Misc. Case No. 982M of 2007, Mangal Sen v. Dr. J. N. Misra and others.