USHA WADHAWA Vs. STATE OF M P

JUDGEMENT

(1.) THE applicants who are practising doctors have filed this revision against the order dated 16.10.2002 of framing of charge passed by learned Judicial Magistrate First Class, Neemuch in Criminal Case No. 386/02 whereby framed charge under section 304 -A of the Indian Penal Code.

(2.) THE prosecution case in nutshell, before the trial Court was that police of Police Station Neemuch has registered the offence punishable under section 304 -A IPC against the applicants on 7.10.2000 at 9.43 p.m. On the basis of the written complaint, received from C.S.P. office submitted by complainant Smt. Saroj w/o Ashok Sharma, it is alleged by the prosecution that Ashok Sharma was admitted in the hospital of the present applicants for an operation of Appendicitis on 18.6.2000. The same was performed by applicant No. 2/Dr. Subhash Wadhawa and the applicant No. 1/Dr. Smt. Usha Wadhawa was also present in operation theatre. After operation, Dr. Subhash Wadhwa and his wife (Present applicants) were slightly perturbed as the operation led some complications in the stomach. The patient was advised by Dr. Wadhwa, to take him at Udaypur for treatment. Thereafter, the patient was taken to Ahamadabad and got him admitted in the Rajasthan hospital where he was treated. It is also alleged by the complainant that in applicant's hospital, a different vein was cut instead of cutting appendicitis vein, by the doctor who performed an operation. The patient died in Rajasthan hospital on 27.6.2000. Thereafter, written report was lodged and the case was registered on 7.10.2000.

(3.) AGAINST this, learned counsel appearing for the State has submitted that at the stage of charge, substantial allegations are required to be seen. According to him, there is sufficient material in the charge -sheet for framing of charge.