SANJIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the order of discharge for offences under Sections 202/217 IPC in respect of respondent, who is a doctor and was working as Medical Officer, Government Hospital, Sardoolgarh.

(2.) USHA Rani @ Urvashi wife of Dharambir Singh died an unnatural death on 22.7.2004. The complainant, who is brother of deceased Usha Rani @ Urvashi, lodged a complaint against her husband and his relations under Sections 498-A, 304-B, 328, 406 and 34 IPC. On 22.7.2004, Usha Rani was got admitted in Government Hospital, Sardoolgarh and was attended to by Dr. Sohan Lal posted there as Medical Officer. The said doctor, after giving some treatment to the deceased, advised the family to shift her to Patiala Nursing Home at Sirsa where she was admitted at 10.00 p.m. She was declared brought dead. Allegation is that she had been poisoned or was forced to take poison on account of harassment by the accused and his family members. Dr. Sohan Lal was accused of not intentionally referring her to some specialised institutions for better treatment and thus failing to perform his duties. On the basis of these allegations made against the family of the accused as well as against the Medical Officer, the challan was presented. It is urged that Dr. Sohan Lal was duty bound to refer the deceased to some specialised institution for better treatment and to inform the police regarding the commission of offence and he failed to do so and hence was responsible for the offence alleged against him. Dr. Sohan Lal being doctor working at Government Hospital as a public servant and as such he could have been ordered to be prosecuted only after obtaining requisite sanction under Section 197 Cr.P.C. The prosecution had not obtained any sanction in this regard. Accordingly, a prayer was made for discharging accused Dr. Sohan Lal. After making reference to few judgments, the court found that the sanction was essential in this case and accordingly the doctor was ordered to be discharged. This is under challenge in the present revision.