TAPAS KUMAR DUTTA Vs. SABITA SANYAL

JUDGEMENT

(1.) In spite of notice nobody appears on behalf of the opposite p ies. The affidavit of service filed by the petitioner's learned Advocate may be kept with the record.

(2.) This revisional application is for quashing of a proceeding being case No. 378-C of 1993 under Section 304A of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 3rd Court, Krishnanagar, Nadia.

(3.) Present opposite party No. 1 filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Nadia at Krishnanagar against the present petitioner alleging commission of an offence under Section 304A of the Indian Penal Code. In the said petition of complaint it was alleged that the husband of the complainant was admitted in Gandhi Memorial Hospital, Kalyani with chest pain on 6.5.93. It was alleged that the complainant's husband was admitted in the hospital under Dr. Tapas Dutta (present petitioner). After his admission the hospital authority sent "Call Book" to the petitioner as he was the specialised Doctor at the relevant time. But the petitioner was not available in the hospital as he was not present at the relevant time. It was alleged that the accused neglected to perform his duty with which he was entrusted, as a result of which the husband of the complainant died at 7.10 p.m. in the said hospital due to negligent act of the accused.