FAROOQ AHMAD BHAT Vs. SYED BASHARAT SALEEM

JUDGEMENT

(1.) The petitioner has challenged order dtd. 5/2/2018 passed by learned Chief Judicial Magistrate, Pulwama, whereby, in the complaint filed by respondent No.1 against him, a direction has been issued to respondent No.2, SHO, P/S, Pulwama, to register an FIR and investigate the case. Challenge has also been thrown to FIR No.32/2018 for offence under Sec. 304-A RPC that has been registered with P/S Pulwama pursuant to the aforesaid direction of the learned Chief Judicial Magistrate.

(2.) It appears that respondent No.1 had filed a complaint before Chief Judicial Magistrate, Pulwama, alleging therein that his maternal aunt, Mst. Rafeeqa, was under the treatment of the petitioner and during her treatment, the petitioner prescribed a drug, namely, Gravidol-200 mg, that was to be injected to the above-named patient. It was further alleged in the complaint that respondent No.1/complainant purchased the said drug from the market and thereafter handed it over to the petitioner who got it injected to the patient through a medical assistant whereafter the condition of the patient deteriorated. It was further alleged that the petitioner did not bother to examine the patient which compelled respondent No.1 to administer oxygen to the patient himself but the patient could not survive. It was alleged by the complainant that he sought medical advice from other experts in the field and he was told that the injection that was administered to the patient is advisable to be given to the patients with acute hypertension and not to the patients like Mst. Rafeeqa. According to the complainant, the death of the deceased patient was caused due to the administration of aforesaid drug which, according to the complainant, was a wrong treatment prescribed by the petitioner.

(3.) The learned Chief Judicial Magistrate, Pulwama, in exercise of his powers under Sec. 156(3) of the Cr. P. C, upon going through the contents of the complaint, forwarded the same to SHO, P/S Pulwama, and directed registration of FIR and investigation of the case. A further direction was issued to SSP, Pulwama, to monitor the investigation. It is this order as well as the FIR registered pursuant to the said order, which is under challenge by way of the instant petition.