R P DHANDA Vs. BHURELAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 13-4-1983 passed by the 3rd Addition Sessions Judge, Indore, in Criminal Revision No. 298 of 1982 whereby setting aside the trial Magistrate's order dismissing the complaint under S.203 of the Code of Criminal Procedure 1973 (for short 'the Code') a direction has been issued to register a case under Ss.338 and 420, IPC against the petitioner.

(2.) Circumstances giving rise to the petition are these. The non-applicant No. 1 Bhurelal suffered from trouble, in his right eye. The petitioner operated upon him in the T. Choithram Hospital, Indore for cataract. After a few months of the said operation, the non-applicant No. 1 suffered from retinal detachment of the same eye and was again operated upon in the said hospital on 22-4-81.

(3.) The non-applicant Bhurelal not being satisfied with the operations in which according to him the petitioner was involved, served him with a lawyer's notice dated 23-2-82. In para 6 thereof, it has been stated as under :-