RAM CHANDER Vs. MONIKA CHAUDHARY AND OTHERS

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for setting aside the order dated 15.11.2010 whereby learned Sessions Judge, Bhiwani has allowed the revision petition filed by respondents No. 1 and 2. Briefly, the facts of the case as mentioned in the petition are that a complaint was filed by the petitioner -Ram Chander on 31.03.2009 alleging that his wife -Kamlesh was admitted in Maternity Home of accused -respondents No. 1 and 2 on 31.03.2006 and an assurance was given by the doctors of the Maternity Home that all facilities are there. The wife of the complainant gave birth to a son and during delivery, the condition of the wife became critical and complainant was asked to shift his wife as well as the child to a bigger hospital. Both were admitted in Government hospital at Bhiwani, which was about 2 kms from the Maternity Home, where the wife of the complainant was declared dead. The allegations in the complaint was that due to negligence of doctor his wife died. Even the postmortem could not be conducted because of intervention of the accused.

(2.) COMPLAINANT examined himself and other witnesses and the accused were summoned by the Trial Court vide order dated 13.02.2010.

(3.) THE present petition has been filed to challenge the order passed by the Revisional Court whereby order of summoning passed by the trial Court has been set aside.