SATYAJIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) None has appeared on behalf of O.P. No. 2 in spite of notice being issued vide order dated 2.4.2010.

(2.) The petition seeks the quashing of the prosecution initiated through Complaint Petition No. 2186 C of 2008, on the basis of which an order of summoning dated 23.9.2008 was passed by Shri Jai Prakash Singh, Judicial Magistrate, Ist Class, Patna directing the petitioner to stand trial for committing offence under sections 420 and 120B of the IPC.

(3.) Some of facts are admitted that the daughter of the complainant was admitted into the hospital of the petitioner for carrying out kidney transplant after due preparation and investigations. The hospital is known as Dr. Ruban Memorial Hospital situated at West of Gandhi Maidan, Patna. It is alleged that the petitioner was working as a Nephrologist in that hospital and he admitted the daughter of the complainant for the purpose of transplanting kidney and accordingly, the transplant was processed. It further appears that the complainant was made to believe that the petitioner and other doctors were possessed of necessary expertise for transplant of kidney as they had impressed upon the complainant that they had earlier transplanted kidneys of a few patients. Being influenced by impression given by the petitioner to the above effect, the complainant got his daughter admitted in the above hospital. But, lastly, the transplant was not carried out, as a result of which the daughter of the complainant died and that was in spite of the fact that the complainant had to spend many lacs of rupees besides having had to undergo mental and physical torture in that behalf.