SARVJIT KAUR Vs. SHASHI SAREEN

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure for setting aside order dtd. 24/1/2018 passed by Judicial Magistrate 1st Class, Jalandhar, refusing to summon the respondent-doctor, affirmed in revision petition vide order dtd. 5/4/2019 by the learned Sessions Judge, Jalandhar.

(2.) Complainant-petitioner-mother of a new born child had filed a complaint complaining medical negligence of respondent-doctor at Sareen Maternity Home and Hospital, Jalandhar. Complainant is proved to be diabetic. A child was born to her on 10/9/2015 at 11.17 AM. It has come in evidence that the child was on the very next day admitted in Patel Hospital, Jalandhar. It has also come in evidence that child at the time of birth was suffering from Hypoglycemia and Hypospadias.

(3.) Both the courts after examining the evidence led have come to a conclusion that there is no evidence to prima-facie prove negligence of respondent-doctor.