PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Siya Ram Shahi, learned counsel for the petitioner and Smt. Soni Srivastava, learned counsel, who has appeared on behalf of complainant / opposite party no. 2.

(2.) The sole petitioner, while invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 15.12.2010 passed by learned Chief Judicial Magistrate, Viashaili at Hajipur, in Complaint Case No. C-118 of 2008/ Tr.No. 187 of 2010. By the said order learned Magistrate has taken cognizance of offence under Sections 337, 338/34 of the Indian Penal Code.

(3.) Short fact of the case is that the opposite party no. 2 filed a complaint vide Complaint Case No. C-118 of 2008 in the court of Chief Judicial Magistrate, Vaishali at Hajipur, against the petitioner and one Bharat Kumar- compounder of the petitioner, alleging commission of offence under Sections 418 & 420 of the Indian Penal Code by the accused persons, which includes the petitioner. It was alleged by the complainant that his father while moving on a Tempo met with an accident. Subsequently, he was carried to Sadar Hospital, Hajipur, where he was admitted and he started to get treatment. However, in the evening of 9.5.2007, accused no. 2/Bharat Kumar in conspiracy with the petitioner / accused no.1, with a view to commit fraud and cheat the complainant, tried to persuade the complainant, his father and other family members, that accused no. 1 i.e. petitioner, is an Orthopaedics Specialist and he will get proper treatment under him. It was asserted that the father of the complainant may not get proper treatment in Hospital and he was persuaded that at low cost in the Clinic of petitioner father of the complainant will get cured. Several other assurances were given by the compounder of the petitioner. Thereafter, on the assurance given by the accused no. 2 i.e. compounder of the petitioner, the father of the complainant was carried to APPOLO ORTHOPAEDICS CENTRE, Hajipur, where, on advice of the petitioner, X-Ray was done and fracture was found on the right leg knee of the father of the complainant. Thereafter, the complainant was persuaded to pay Rs. 15,000/- for conducting operation. After deposit of the amount, on 10.5.2007 surgery was done. During operation, the accused no. 2 rendered assistance to the accused no. 1, who is the petitioner. Thereafter, the petitioner told the complainant that after three months one another operation will be done, whereby, a 'Plate will be installed for which Rs. 20,000/- was demanded, which was paid by the complainant and second operation was done on 12.8.2007. Even thereafter, no improvement was found, then again, the complainant contacted the petitioner whereafter Rs. 50,000/- was demanded for third operation. Accordingly, with above allegation complaint petition was filed and after conducting enquiry, the learned Magistrate by the impugned order has taken cognizance of offence under Sections 337, 338/34 of the Indian Penal Code against petitioner and his compounder- Bharat Kumar. The learned Magistrate has further taken cognizance of offence under Section 418 of the I.P.C. against accused no. 2 / the compounder of the petitioner. Aggrieved with the order of cognizance, the petitioner has approached this court by filing the present petition.