ASHOK LADHA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Section 482 of Cr. P. C. is directed for quashing the charge against the applicant framed by learned C. J. M. Indore vide order dated 23-7-2002 under Section 304-A of IPC and the same has been affirmed by lower revisional Court in Criminal Revision No. 548/2002, dated 21-3-2003.

(2.) THE necessary facts in narrow compass for decision of this petition is that on 17-3-1999, Police Station Sanyogitaganj, Indore received written compliant through Senior Police Officials filed by non-applicant No. 2 Surendra singh Pawar. In short the complaint was that his son Shakti Singh Pawar, aged 18 years was suffering from "ulcerative Coitus" and was under treatment of Dr. Girish Naik in Medicare Hospital, Indore. After six months of the treatment, dr. Naik suggested non-applicant No. 2 for operation of Shakti Singh Pawar because there was no improvement in his disease by medicine. Shakti Singh pawar was admitted in Suyash Hospital on 14-2-1999 where he was operated by applicant/dr. Ashok Ladha on 20-2-1999. For this operation, non-applicant No. 2 paid him rupees one lac on two installments. There was no improvement, therefore, Dr. Ladha again operated Shakti Singh Pawar on 10-3-1999 and for this operation he again demanded Rs. 50,000/- but non-applicant No. 2 could arrange only Rs. 10,000/- and some bottles of blood. In the complaint, non-ap-plicant No. 2 has alleged that after first operation, there was no proper care of the patient in spite of his repeated requests to Doctor. It is also alleged that without observing proper hygienic norms and without wearing gloves the Ward boy Dipak Kumar was asked to attach the bag which was fixed by the side of operated portion of the stomach in which pus and blood was coming out. The patient was kept in Suyash Hospital after operation and Dr. Ashok Ladha left the patient for post operative care under the supervision of his junior Doctor dr. Prashant Agrawal. According to the complainant/non-applicant No. 2, after first operation, patient developed Septicaemia and that was the cause for his death. It has also alleged in the complaint that Incharge of I. C. U. Dr. Thorani sent message to the applicant but applicant in spite of knowing the deteriorating condition of the patient did not come to the hospital and ultimately patient shakti Singh Pawar died in the hospital.

(3.) AFTER registration of the crime, matter was investigated and charge-sheet was filed by Sanyogitaganj police, Indore before the learned c. J. M. , Indore.