LAWS(MPH)-2014-6-32

BHIKAM SINGH Vs. DIRECTOR, APEX HOSPITAL HEART MATERNITY

Decided On June 19, 2014
BHIKAM SINGH Appellant
V/S
Director, Apex Hospital Heart Maternity Respondents

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) APPLICANT /complainant has filed this petition under Section 482 of Cr. P.C. being aggrieved by the order dated 30/07/2013 passed by the Court of 14th Additional Session Judge, Bhopal in Criminal Revision No. 260/2013 affirming the order dated 7/2/2013 passed by the Court of Judicial Magistrate First Class, Bhopal in unregistered complaint case, whereby the complaint filed by the applicant under Section 378, 420 and 120 -B of IPC was rejected under Section 203 of Cr. P.C.

(3.) ON perusal of the trial Court's record, it is apparent that applicant/complainant got recorded only his statement under Section 200 of Cr. P.C. on 16/5/2002. No other evidence has been produced on record in support of the allegations made in the complaint, owing to which learned trial Court having considered the evidence, rejected the complaint of the applicant/complainant. The said order was affirmed by learned Court of Session by the impugned order. On perusal of both the orders and record of the trial Court, it becomes clear that no sufficient evidence regarding removal of Kidney has been produced by the complainant on record in support of the allegations made in the complaint. Solitary statement of the complainant is not sufficient for taking cognizance of the alleged offences. Accordingly, no sufficient ground is found to invoke the jurisdiction under Section 482 of Cr. P.C.