PRABHA MALHOTRA Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed by Dr. Smt. Prabha Malhotra. Dr. Narendra Malhotra, Dr. Rajendra Malhotra and Dr. Smt. Jaijit Malhotra for quashing the proceedings of case Crime No. 39 of 1990 under Section 269 IPC pending in the Court of Judicial Magistrate (City), Agra.

(2.) The petition was admitted on 29-8-91 and further proceedings in the trial Court were stayed. On the same day, State was given four weeks time to file counter affidavit. However till today neither any counter affidavit has been filed nor anyone has put in appearance on behalf of the complainant P.K. Anand. The Court has, therefore, to proceed on the footing that the averments made in the affidavit are correct.

(3.) P. K. Anand lodged a F.I.R. on 27-1-90 at P.S. Nai Ki Mandi alleging that his wife Smt. Neelam aged about 38 years had four issues. When she became pregnant again she got herself examined in Malhotra Nursing and Maternity Home (hereinafter referred to as the Nursing Home) On 30-9-89 by the applicant No. 1 Dr. Smt. Prabha Malhotra who said that everything was normal but she should take prescribed some medicines which were taken by her. Thereafter she got herself regularly examined in the Nursing Home. On 14-2-90 she was admitted in the Nursing Home for delivery. Dr. Smt. Prabha Malhotra and Dr. Rajendra Malhotra then informed the complainant that the child was not in normal position and after taking his consent, a caesarean operation was performed and a girl was born. Some bottles of glucose were given to Smt. Neelam as she had become very weak. On 17-2-90 the applicant No. 1 gave soap enema to Smt. Neelam due to which she had loose motion six times and her condition became precarious. The applicant No. 1 then told the complainant that she had got a heart stroke and some heart specialist may be called. The complainant then called Dr. M.C. Gupta who, after having Electrocardiogram, done told the complainant that the functioning of the heart was normal. The complainant also got his wife examined by Dr. P. K. Mittal who agreed with the opinion of Dr. M.C. Gupta. Thereafter a bottle of blood was given to Smt. Neelam on 17-2-90 which brought about some improvement in her condition. The complainant's wife was discharged from the Nursing Home on 25-2-90. It was thus alleged that the doctors associated with the Nursing Home were grossly negligent and they had committed offence under Section 269 IPC.