JITENDRA NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision application is directed against (he order dated 11-6-92 passed by Judicial Magistrate First Class, Patna in complaint Case No. 479 (c) 91 whereby the petitioner's complaint has been dismissed under Section 203 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It appears that the petitioner filed a complaint (copy at Annexurc 1) against the opposite-party No. 3 complaining about commission of offences punishable under Sections 304, 304A and 504 of the Indian Penal Code.

(3.) It was alleged that a child was born on 13-8-91 by the wife of the petitioner at the Nursing Home maintained by Dr. Mrs. Manju Geeta Mishra. However, condition of the child deteriorated in the intervening night of 13/14 August, 1991. On the advice of the doctor of the said Nursing Home the newly born child was taken to the Nursing Home of opposite-party No. 3 in the same night at 2 A.M. Child was admitted in the Nursing Home of opposite party No. 3 in the same night at 2.30 A.M. where he was kept in incubator. It was alleged that the child expired in the intervening night of 15/16 August, 1991 and it was informed to the petitioner at the Nursing Home of Dr. Manju Geeta Mishra where the petitioner was attending his wife. It was alleged that the death took place in the Nursing Home of opposite party No. 3. It was further alleged that the opposite party No. 3 did not call any eminent doctor although the petitioner had asked to immediately call senior physician namely Dr. Lala Surya Nandan and Dr. Utpal Kant or any other senior expert doctor if the condition of the child was found to be not satisfactory and the petitioner would bear the fees of such doctors. It was alleged that the opposite party No. 3 did not call any senior doctor and proper care was not taken as a result of which child died. It was alleged that some altercation also took place whereupon the opposite party No. 3 asked him to get out and said that he would see him. The death certificate was granted by opposite party No. 3.