BISWA MOHAN MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application U/S.482 of Cr.P.C. seeks to quash the criminal proceeding instituted against the petitioner in G.R. Case No. 1655 of 2009 arising out of Lingaraj P.S. Case No. 70 of 2009 pending in the file of learned S.D.J.M., Bhubaneswar.

(2.) The facts in precise are the petitioner was a Doctor and attached to Bhubaneswar Municipal Corporation Hospital (in short, 'BMC Hospital') at Old Town, Bhubaneswar as a Medicine Specialist. At the relevant time of occurrence on 1/7/2009 at about 6 P.M., Madhusmita Sahoo (hereinafter referred to as the 'deceased') was admitted at bed No. 36 in Medicine Ward of BMC Hospital and she was under the treatment of the petitioner. As the deceased was having low haemoglobin and her condition was getting worse, her uncle requested the petitioner and staff of BMC Hospital to give her blood transfusion immediately for her treatment, but although they assured to give the blood on 2/7/2009, her condition became serious at about 11 P.M. on 1/7/2009 and despite being requested by Doctor Sujata for several times, the petitioner did not respond and thereby, the informant also requested the petitioner, but he refused and asked him to contact with Doctor B.N.Das Mohapatra Surgery Specialist to attend the patient and the said Doctor on being requested over phone assured to direct the petitioner to attend the patient immediately, but unfortunately the deceased died in the midnight due to negligence of the petitioner.

(3.) In order to pacify and manage the situation, Dr. Sujata shifted the deceased with Oxygen support by an Ambulance to Capital Hospital where the Doctor on duty declared the deceased as received dead. After this incident on 2/7/2009 at about 2 P.M. the uncle of the deceased namely Sanjay Kumar Sahoo lodged an FIR before IIC, Lingaraj Police Station who registered Lingaraj P.S. Case No. 70 of 2009 and entrusted the investigation to S.I. of Police Dullabha Patel who after completion of investigation, placed charge sheet against the petitioner. This is how the present criminal proceeding came to be instituted against the petitioner who by way of this application prays to quash the criminal proceeding.