KANDARPA T DHOLAKIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these petitions arise out of the same order passed by the Metropolitan Magistrate 14th Court Girgaon, Bombay, on 11/08/1993 issuing the process against the accused Nos. 1 to 4 for the offences under section 304 A, 201, 202 and 203 of the Indian Penal Code.

(2.) CR .Writ Petition No 465/94 is filed by Dr.G.S.Ambardekar and Dr. J.J. Merchant who are accused Nos.1 and 2 in the original criminal case filed by S.A. Chaturvedi, and Cr.Application No. 3348/93 is filed by Dr.Kandarpa T. Dholakia and Dr.H.R. Jhunjhunwala who are accused Nos.3 and 4 in the original complaint.

(3.) IT is the case of the complainant that his son Anand suffered due to deprivation of oxygen to the brain due to slipping of E.T. Tube from his nose while Anand was being placed and positioned on the scolisis frame of the operation table. The slipping of E.T. Tube was not detected well in time by the accused who were in the operation theatre, and as a result, Anand suffered extensive damage to his brain and then cardiac arrest occurred. According to the complainant, Anand was dead on 04/08/92, but his heart was kept working by artificial means by the Doctors and he was declared dead on 29/08/92. According to the complainant, all the accused Doctors were negligent in discharging their duties and therefore, he filed complaint against all the four accused/petitioners before the Metropolitan Magistrate under the aforesaid sections.