MANISH BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dr.Manish Bansal, Senior Medical Officer, now posted at CHC Bhattu Kalan, District Fatehabad filed the present petition under Sec. 482 Cr.P.C. in the year 2014 for quashing of FIR No.77 dtd. 30/7/2011, registered at Police Station Guhla along with the police report dtd. 22/8/2012 (Annexure P1) and the consequential proceedings, including framing of charge and the impugned order dtd. 25/10/2012 (Annexure P5) passed by learned Judicial Magistrate First Class, Guhla and order dtd. 23/4/2014 (Annexure P7) passed by Additional Sessions Judge, Kaithal. Further prayer was made for discharging the petitioner.

(2.) Petitioner is M.B.B.S., M.S. (General Surgery) and claims to have experience of more than 15 years. He is working as Senior Medical Officer, General Hospital, Bhattu Kalan, District Fatehabad, Haryana. On 30/7/2011, FIR No.77 was registered against the petitioner under Sec. 304-A IPC on the basis of the complaint made on 29/7/2011 by Mahender Ram son of Sona Ram, resident of village Kharka, PS Guhla. In the said complaint, Mahender Ram has stated that on 28/7/2011, his daughter-in-law Paramjit Kaur wife of Surjit Ram was brought to CHC, Guhla for sterilization operation. She was quite right. However, when she returned home in Government Vehicle, after sterilization operation, she complained of acute pain. She was being brought to CHC, Guhla, but she died on the way. It was alleged that Paramjit Kaur died because of negligence of the doctor. On the basis of same, FIR was registered.

(3.) In this case charge under Sec. 304-A IPC was framed on 23/11/2011. An application for discharge was filed by the petitioner, which was dismissed vide order dtd. 25/10/2012 (Annexure P5). Revision against the said order was dismissed by learned Additional Sessions Judge, Kaithal on 23/4/2014 (Annexure P7). The petitioner approached this Court in the year 2014 for quashing FIR. I have heard learned counsel for the parties and have also carefully gone through the file.