MUKESH KESARAWNI Vs. STATE OF U P

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.215 of 2008 submitted in Case Crime No.323 of 2008, under Sections 420, 467, 468 and 471 IPC, Police Station Kaiserbagh, District Lucknow as well as the summoning order dated 22.10.2008 passed in Case No.4030 of 2008 and the entire proceedings of Case No.4030 of 2008.

(2.) The petitioner is a Post Graduate Doctor in Pediatrics discipline having M.B.B.S. M.D. (Pediatrics) from King George Medical College, Lucknow. On 16.4.2008 Mr. Sahid Parvez, complainant got his six months old son admitted in 'Harman Hospital', Cantt. Road, Lucknow in a very critical condition. It is said that the petitioner and one Dr. Mirza Waqar Beg attended the child, who are the qualified Pediatricians. According to their diagnosis, the child was suffering from Septicemia with brain hemorrhage. It is said that the petitioner and Dr. Mirza Waqar Beg along with two other doctors, namely, Dr. Satish Chandra Bose and Dr. Praveen Kumar Bharti both M.B.B.S. as a team attended the child and did their best efforts, but the child could not survive and he was declared dead on 18.8.2008 at 8.15 A.M. After the child died, family members of the child created ruckus in the hospital and damaged the hospital property and manhandled the doctors, nurses, para clinical staff and the other managerial staff. On information, the police came to the hospital. A complaint was given by the hospital administration against the persons involved in damaging the property and assaulting the doctors, nurses and para clinical staff.

(3.) The police registered the Non Cognizable Report on the complaint given by the hospital. However, on a complaint given by the father of the child, an FIR at Case Crime No.119 of 2008 under Section 304A IPC was registered against the named four doctors, including the petitioner.