PRATAP SANYAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed that the proceedings against the petitioner initiated under Section 338 of the Indian Penal Code (IPC) be quashed and set aside.

(2.) BRIEFLY stated the facts of the case are that a complaint of medical negligence was lodged against the petitioner on the allegation that he had while performing operation on Smt. Sarbani Deb, wife of Sri Bapi Roy Choudhury acted in a grossly negligent manner which amounts to criminal negligence. The allegation of criminal negligence is that while performing a laparoscopic internal cholecystecetomy on the patient the petitioner left behind a corrugated drainage tube inside the body of the patient. After operation, stitches were done. The patient complained of severe pain in the abdomen and contacted the petitioner. Despite various visits the petitioner only advised medicines. Finally, the patient and her husband went to the Government hospital where C.T. Scan was done and it was found that a foreign body was lodged in the right lower abdominal wall. When the patient with her husband approached the petitioner with this report he behaved roughly and did not believe the report. Not satisfied with the treatment, the patient and her husband went to Calcutta where she was admitted in the ILS Multispeciality Clinic. Surgery was performed by two other doctors, who then took out a corrugated drain pipe measuring 8 inches in length from the body of the patient.

(3.) I have heard Sri P.K. Biswas, learned counsel for the petitioner and Sri B. Deb and Ms. S. Deb Gupta, learned counsel for the complainants.