SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 23.06.2014 passed in Sonepur P.S.Case No. 290 of 2013 corresponding to U.T. No. 224 of 2014 whereby cognizance has been taken against the petitioner for offences under Section 304A I.P.C. and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) According to FIR, the cousin brother of the informant, namely, Mahesh Paswan felt pain in his abdomen on 14.07.2013. The informant carried him to the Nursing Home of the petitioner. After a look at the ultrasound report, the petitioner advised that the surgery of appendix would be required. On 17.07.2013, petitioner performed surgery on Mahesh Paswan. Thereafter, treatment of the patient continued till 24.07.2013. In between this period, the patient developed complications. When the petitioner was consulted he allegedly abused the informant by taking his caste name and expelled him from the clinic. Thereafter, petitioner was carried to Dr. Manishankar at Hajipur. At the clinic of Dr. Manishankar, the patient was hospitalized for two days and the patient developed infection in whole body as advised by Dr. Manishankar. Thereafter, the patient was carried to Rainbow Emergency Trauma Hospital at Patna. During course of treatment, the patient died on 02.08.2013. Allegation is that the death took place due to negligence of the petitioner.