NEETA TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Present application has been filed for quashing order dtd. 24/9/2012, passed by the Judicial Magistrate 1st class, Chapra in Complaint Case No. 1089 of 2012, by which cognizance of the offence punishable under Sec. 304A and 504 of the Indian Penal Code has been has been taken against the petitioner.

(2.) Prosecution's case in short is that wife of complainant/opposite party no.2, namely, Manju Devi (herein after referred to as 'the victim') was admitted to the 'Tripathi Nursing Home, Chapra' run by petitioner for her vaginal hysterectomy under the BPL scheme and on 20/2/2012, she was operated without performing required clinical examinations/tests, as a result of which later on she developed post operational complications. It is further alleged that at the request of the petitioner, opposite party no.2 signed the discharge ticket so that the doctor may get the payment from the Government agency but the victim remained admitted in the petitioner's nursing home. It is further alleged that when her condition did not improve, she was taken to Patna where another surgery was operated upon her in the Atlantis Hospital. However, victim died on 12/3/2012.

(3.) It is the case of the petitioner that on 26/11/2011, victim came to the nursing home of the petitioner with medical complications. Thereafter, she was examined by the petitioner and was prescribed medicines (annexure 2). On 28/1/2012, she was again checked up and on thorough examination, she was advised operation of uterus. Necessary investigations/tests like blood test, Ultrasonography (USG), X-ray, etc. was conducted in Mahabir X-ray and Scan Centre and B.K. Patho Centre (annexure 4 series). On 19/2/2012 victim was admitted in the petitioner's nursing home and next day she was operated upon by the petitioner assisted by her husband Dr. Anil Kumar Tripathi, who is a qualified surgeon with MBBS, MS degree. Said operation, in medical parlance, is termed as vaginal hysterectomy. After full recovery, she was discharged from the nursing home on 28/2/2012 and complainant also signed on discharge slip and made remarks excellent (annexure 6). During treatment, petitioner adopted standard technique prescribed in the Shaw's text book of gynecology which is authority in the field of gynecology (annexure 7).