VIJAY PAL SHARMA Vs. RAVI SAHAI

JUDGEMENT

(1.) CHALLENGE in this petition filed under Section 482, Cr.P.C., is to the order dated 10.09.2013 passed by the learned Judicial Magistrate Ist Class, Faridabad, whereby respondent Nos. 1 and 2 (Dr. Ravi Sahai and Dr. Brijesh) respectively were ordered to be summoned for the offence punishable under Section 304A, IPC instead of Section 304 read with Section 34, IPC and the order dated 30.01.2014 whereby the revision petition of the petitioner/complainant, Vijay Pal Sharma, challenging the order of the learned Judicial Magistrate Ist Class, Faridabad, was dismissed.

(2.) LEARNED counsel for the petitioner has raised the following three arguments: -

(3.) THE brief facts of the case are that petitioner -Vijay Pal Sharma is the husband of Neena Sharma (since deceased). On 15.2.2011, Neena Sharma was complaining severe pain above abdomen and in the back. She was also vomiting therefore, she was taken to Sun Flag Hospital, Sector 16 -A, Faridabad, where Dr. Ravi Sahai and Dr. Brijesh (respondent Nos. 1 and 2, respectively) were working as medical officers. It was revealed to the doctors that Neena Sharma was suffering from hyper -tension for the last ten years. Respondent Nos. 1 and 2 represented themselves to be the heart specialists. In spite of disclosing that the patient had history of hyper -tension, the electric cardiogram and other tests were not done. However, the tests like endoscopy and ultra -sound were conducted while the same were not required. After some time, respondent Nos. 1 and 2 suggested that the patient be got discharged from hospital and taken to home. Thereafter, the condition of the patient became serious and the managerial staff of the Sun Flag Hospital referred Neena Sharma to Metro Heart Institute, Sector 15, Faridabad. After her admission in the Metro Heart Institute, she died on 18.02.2011. It was alleged in the complaint that Dr. Ravi Sahai and Dr. Brijesh deliberately did not conduct the electric cardiogram for ruling out the cardiac problem. It was also mentioned in para No. 10 of the complaint (Annexure P -1) that the doctors had no intention to cause death of the patient. It was also alleged that the management of the Sun Flag Hospital, Faridabad, was also vicariously liable with respondent Nos. 1 and 2 for committing the offence. After death of Neena Sharma, the Civil Surgeon, Faridabad, was requested to conduct thorough inquiry and as such, the board consisting of Dr. M.N. Sharma, Dr. Bina Sharma, Dr. Varinder Yadav and Dr. Vinay Gupta was constituted. The board held that respondent Nos. 1 and 2 were negligent while imparting the treatment. In spite of the report lodged with the police, no action was initiated against the accused, therefore, the petitioner/complainant had to file the complaint, before learned Judicial Magistrate.