VIJAY KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a Medical Officer in the Medical Service of the State of Bihar. In the year 2002, he was required to perform his duties in a Relief Camp on account of flood that occurred at VillageBaghopur, Tola -Hanumannagar, P.S. -Rosera in the district of Samastipur. A lady, by name Urmila Devi, submitted a complaint on 30th August, 2002 stating, inter alia, that her husband suffered serious illness due to floods in the intervening night of 28th -29th of August, 2002 and when she rushed to the Relief Camp along with her husband for treatment, neither the petitioner nor the members of Relief Camp were present; and for want of treatment, her husband died at 8 A.M. on 29.8.2002. She stated that negligence on the part of the petitioner had led to the death of her husband.

(2.) ROSERA P.S. Case No.97 of 2002 was registered under Section 304A I.P.C. The Court of Sub -Divisional Judicial Magistrate, Rosera took cognizance of the said offence on 28.7.2012 by condoning the delay.

(3.) THIS petition under Section 482 of the Code of Criminal Procedure is filed with a prayer to quash the order dated 28.7.2012.