SANJAY PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing of criminal proceedings of A.C.G.R. Case No.1809 of 2015 corresponding to T.R. 933 of 2015 pending before the Court of the Learned Judicial Magistrate, 3rd Court. Alipore arising out of Purba Jadavpur Police Station Case No.42 of 2015 dtd. 29/3/2015 under Sec. 338 of the Indian Penal Code.

(2.) The present petitioner is the erstwhile Chief Executive Officer Medica Superspeciality Hospital, Calcutta. One petition of complaint was lodged by the opposite party no.2 with the Officer-in-Charge of Purba Jadavpur Police Station contanding inter alia that brother of the de facto complainant namely, Somnath Roy was admitted to Medica Superspeciality Hospital on 5/3/2015 under the supervision of Dr. Akhilesh Aggarwal in Bed No.405. On 6/3/2015 at around 5.30 a.m. the hospital authority informed the opposite party no.2 that her brother had fallen from the 5th floor window and is in a very serious condition. It is also alleged that the entire incident occurred due to the negligent attitude of the hospital authorities. The hospital authorities had also assured best treatment from their end. The opposite party no.2 alleges serious negligence on the part of the hospital authorities.

(3.) On the basis of the said complaint Purba Jadabpur Police Station case no.42 of 2015 was initiated and police took up the investigation. After completion of investigation the investigating agency submitted charge sheet being no.183 of 2015 dtd. 31/8/2015 under Sec. 338 of the Indian Penal Code against the present petitioner. The Learned Magistrate took cognizance of the offence on the basis of the said charge sheet. Hence this revisional application.