R N MISHRA Vs. SURYABHAN SINGH

JUDGEMENT

(1.) This revision is directed against the order passed by learned Sessions Judge, Tikamgarh setting aside the order of discharge passed by C.J.M. and directing him to make further enquiry into the complaint and dispose it of according to law.

(2.) Fundilal (N.A. 3) filed a complaint under sections 326, 419, 420/511 I.P.C. against applicant Dr. R.N. Mishra and non applicant No. 2 Smt. Buti Sharma alleging that on 11.8.1980 his son Ramcharan had gone to the Primary Health Centre, Prithvipur, district Tikamgarh for treatment of a boil in the region of his scrotum. Smt. Buti Sharma said to be the motivator for family planning operations obtained Ramcharans signatures on some forms. When Ramcharan was brought before Dr. Mishra, the latter performed a vasectomy operation on him. Ramcharan was newly married and had no issue and the operation was performed on false misrepresentation. As a result of the operation, he was emasculated and became disabled for raising children.

(3.) Learned Magistrate after examining complainant Fundilal under section 200 Cr. P.C. directed investigation to be made by a police officer into the complaint. After receiving the result of the investigation, learned Magistrate issued process for appearance of the accused persons. After appearance of the accused some peculiar developments took place. Complainant Fundilal and Ramcharan submitted in writing before the Magistrate that they did not want to proceed with the complaint and the vasectomy operation was performed with the free consent of Ramcharan. This application is dated 2.1.1981. However, on 9.1.1981 another application accompanied by an affidavit was filed by Ramcharan that the earlier application for dismissal of the complaint had been given under coercion and threats and he did not want to withdraw the complain.