VIJAYA RANI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, by profession medical doctors, who were running a Nursing Home in the name and style of Uphar Sewa Sadan in the District of Saran at Chapra, have approached this Court while invoking its inherent jurisdiction under Section 482 Cr.P.C. with a prayer to quash an order dated 28.5.2001 passed by the Chief Judicial Magistrate, Chapra as well as for quashing of entire Criminal Proceeding arising out of Chapra Town P.S. Case No. 22 of 2001. By the said order, learned Magistrate has taken cognizance of offence under Section 304A of Indian Penal Code.

(2.) Short fact of this case is that earlier a complaint case was filed vide Complaint Case No.104 of 2001 in the Court of the Chief Judicial Magistrate, Chapra against the petitioners on allegation of commission of offences under Sections 304/304A/383/420/34 of the Indian Penal Code. It was disclosed in the complaint petition by the complainant that his elder brother's wife (Bhabhi) was under medical treatment of the petitioners since she was carrying pregnancy and petitioner No.1 indicated expected date of delivery as 31.4.2001 The wife of elder brother of the complainant was in regular check up. On 16.1.2001 in the morning she complained some problem in her abdomen and she was carried to the Nursing Home where on the prescription it was mentioned by petitioner no. 1 that the condition of the patient was serious and she was admitted in the Nursing Home. It was alleged that in the night of 16/17.1.2001 her condition became more serious. The complainant and other family members of the patient tried their level best so that either of the petitioners may come and examine the patient. Even telephonically the compounder of the petitioners intimated regarding the seriousness and thereafter over telephone some instruction was issued by the petitioner no.2 and thereafter the compounder injected Utodin. However, none of the petitioners bothered to examine the patient even in such serious condition of the patient. Immediately after she was injected, the patient died. On the aforesaid allegations the complaio| was filed which was referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly an First Information Report vide Chapra Town P.S. Case No. 22 of 2001 was registered on 20.1.2001 for the offences under Sections 304/304A/383/420/34 of the Indian Penal Code.

(3.) After registering F.I.R. the police investigated the case. During the investigation materials were collected showing involvement of the petitioners and charge sheet was submitted by the police. Learned Magistrate after examining the case diary as well as charge-sheet vide its order dated 28.5.2001 has taken cognizance of the offence under Section 304A of the Indian Penal Code.