NILABHA BHADURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 397/401 read with section 482 of the Code of Criminal Procedure praying for quashing of the proceedings being G.R. No. 1590/10 arising out of Baguiati P.S. Case No. 174/2010 dated 28.04.2010 under section 304A of the Indian Penal Code now pending before the Court of the learned Chief Judicial Magistrate at Barasat, North 24 Parganas.

(2.) The prosecution case, in short, is that Probhat Kumar Pal, the informant, lodged complaint with the Officer-In-Charge ,of the Baguiati P.S. alleging that his wife Sima Das, since deceased, had been suffering from anemia and on 22.04.10 she was admitted in Uma Medical Related Institute (P) Ltd. under Dr. Nilabha Bhaduri for undergoing Laparoscopic Hysterectomy Operation. On 23.04.2010 in the morning the operation was done and after about two hours the doctor told the informant that operation was successful. It has been alleged that the informant never noticed any improvement of the patient to recover from the ailments. On being asked by the informant, the Doctor told him that the condition of the patient was improving. On 25.04.2010 in the afternoon, the informant noticed that there was rise in the pulse rate of the patient. The Doctor came and shifted her to ICCU. On being asked, the Doctor again assured the informant that the patient was improving. In the evening the informant and the members of his family noticed that the condition of the patient was precarious. At about 7.00 p.m. the Doctor told the informant that the patient should be shifted to better hospital and asked him to make arrangement for an ambulance fitted with ventilation facility. The informant arranged the said ambulance and at about 10.30 p.m. the patient was shifted to Apollo Hospital and on 26.04.2010 in the morning the patient expired.

(3.) It has been alleged that Dr. Nilabha Bhaduri and Uma Medical Related Institute (P) Ltd. authorities were fully responsible for the death of the patient.