TRILOCHAN BARAL Vs. BANKANIDHI MAHAPATRA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. None appears for opposite party no.1 inspite of service of notice by paper publication.

(2.) This application under Section 482 Cr.P.C. has been filed challenging the order of cognizance dated 07.07.2005, passed by the learned S.D.J.M., Nayagarh, in 1.C.C. No.58 of 2005, taking cognizance of the offences under Sections 504/304-A I.P.C. and issuing process against the petitioner. The case of the petitioner is that on 25.02.2013, at about 11.00 P.M., when the petitioner was posted at the District Headquarters Hospital, Nayagarh, as ADMO, a patient, namely, Minati Pati, W/o. Gumani Pati of village/P.O.-Similisahi, P.S./Dist. Nayagarh, was admitted in the hospital for delivering a child. As the patient was not in a fit condition to give birth to her child normally, inspite of efforts of a team of doctors, the petitioner being the M.D. in Gynaecology, advised the patient and her attendant, who happened to be her brother, for her operation. An undertaking, as required before operation, was also obtained from and on behalf of the patient. On the very next day morning, i.e. 26.02.2003 at 7.00 A.M., the patient was operated by the petitioner in which a team of doctors of the District Headquarters Hospital, Nayagarh, assisted. After successful operation, the patient gave birth to a child. The condition of the mother (patient) and the child were found normal by then. After some hours, the condition of the mother (patient) was found deteriorating. Not only the petitioner, but also a team of doctors of the said hospital treated the patient sincerely and to the best of their ability but due to their misfortune, the patient died on 27.02.2003 at 2.00 A.M. in the night. At no point of time, the patient was neglected in treatment either by the petitioner or by any other staff, including the other doctors of the hospital.

(3.) The brother of the patient (deceased) with false and baseless allegations lodged an F.I.R. in Nayagarh police station on 27.02.2003 at 3.00 P.M., alleging therein that due to the act committed by the petitioner, his sister died after operation. In the F.I.R., the informant also made allegation against the petitioner that the petitioner demanded Rs.10,000/- from the informant before his sister's operation and since the amount was not paid to the petitioner, his sister was neglected in treatment at post-operation stage, for which she died. The aforesaid F.I.R. was registered vide Nayagarh P.S. Case No.48 of 2003, under Section 304-A I.P.C. against the petitioner, corresponding to G.R. Case No.105 of 2003, pending in the court of learned S.D.J.M., Nayagarh, as per Annexure-1 to the application. Consequent upon the registration of the F.I.R, the police investigated into the matter and found no incriminating materials against the petitioner to bring home the charge under Sections 304-A I.P.C. Accordingly, the Investigating Officer submitted the Final Report indicating therein that it was a case of "mistake of fact". The relevant findings in the Final Report are extracted below: