ANIL ANANT PATHAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of two connected Criminal Miscellaneous Nos. 2854/M/1991 and 2817/-M/1991. Mahesh Chander Sharma and Anand Mohan Sharma, petitioners are the Directors of M/s Rusoma Laboratories Pvt. Limited, Indore (M.P.) while Anil Anant Pathak is an employee of the said company. They have moved the two criminal miscellaneous for quashing of FIR No. 570 dated 7.9.1990 under Sections 304-A/420, IPC registered at Police Station City, Sonepat, Annexure P1.

(2.) THE impugned FIR relates to the death of Sh. S.D. Aroara, who was working as Additional District and Sessions Judge, Sonepat, registered on the basis of an application moved by his widow Smt. Raj Rani Arora. The allegations made by the complainant, briefly stated, are :-

(3.) IN the impugned complaint, the allegations are made against Dr. Taneja for having left Sh. Arora (deceased) after applying the drip. It is a matter of evidence if Dr. Taneja was negligent or rash in the performance of his duties as a medical officer, but so far as the present petitioners are concerned, they can by no stretch of imagination, be described to have contributed to the death of Sh. Arora. Reliance is placed on the fact that when the remaining glucose bottle was sent to the Government Analyst, it was found that it did not pass the test of sterility and it also contained some dead ants and a lot of white flacculent mass. This report is Annexure R1. The significant fact to be found is that this bottle had been received by the Government Analyst in an unsealed condition. If the bottle had contained dead ants, the same would have been visible to the naked eyes of the doctor before he applied the drip. The Government Analyst has also not given any opinion if the material contained in the bottle and analysed by him could have caused any reaction.