MANOJ KUMAR JHA Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State. The O.P. No. 2 complainant, did not appear, despite service of notice. Petitioner has filed this petition u/s 482 Cr. PC. praying for quashing the order dated 10.3.2004 passed in Complaint Case No. 48 of 1989 by Judicial Magistrate, 1st Class, whereby cognizance of offence u/s 304A I.P.C, has been taken against the petitioner and some other doctors.

(2.) THE case of the complainant who happens to be an advocate was that he took his friend Om Prakash, (the deceased) who was also an advocate to Bhagalpur Medical College & Hospital for operation of hydrocele and that he was admitted in the unit of co -accused Dr. S.N. Jha on Bed No. 5. About the petitioner, it was alleged that at the time of admission, he had persuaded the complainant and the patient (deceased) for getting the operation done in the private clinic of said Dr. S.N. Jha but when they insisted for getting the operation done in the Hospital, the petitioner had become annoyed. It is further alleged that the operation was conducted on 24.12.1988 and the deceased had entered into the O.T. hale and hearty at 11.30 A.M. and that when he was not brought out till 1 O'clock, the complainant became anxious and that at that time some of the staff of the Hospital came out of the O.T. in confounded state. The complainant peeped into the O.T. and he saw that Dr. S. N. Jha had administered anaesthesia to the patient (deceased) and that thereafter he also left the O.T. It was also alleged that before going into the O.T. in presence of Dr. S.N. Jha, one Nurse had also administered one injection to the patient and then he had been taken into the O.T. The complainant further alleged that the doctors left the O.T. and he went there and found that the patient was dead. The dead body of the deceased was handed over to the deceased's family without any P.M. and the dead body was cremated by deceased's family members.

(3.) LEARNED A.P.P. was not able to controvert the submission of the petitioner's counsel that the operation was being done in course of official duty.