SANJAY GUPTA Vs. KANTA DEVI AND ORS.

JUDGEMENT

(1.) The present petition has been filed under Section 561-A Cr.P.C. for quashing the FIR No. 6/10 dated 12.1.2010, registered with the police station, Gandhi Nagar, Jammu. Briefly stated, the material facts are as under:-

(2.) A complaint came to be filed by the complainant-Kanta Devi, respondent No. 1, herein, under Section 326/420 RPC, in the court of learned Chief Judicial Magistrate, Jammu, wherein it was alleged that upon reading an advertisement in the newspaper that a doctor from AIIMS, Delhi, was coming at GEM Nursing Home, Jammu, the complainant got herself registered for medical checkup and for being operated upon for the problem of cataract in her eye.

(3.) Subsequently, the surgery took place on 15.9.2009, as a result of which the complainant, to her dismay, found that she could not see at all from one eye for which she had undergone the surgery. It was further alleged that the concerned Nursing home then referred the complainant to one S.M. Regina and Laser Eye Centre, 13-A/C, Gandhi Nagar, Jammu, where upon check-up, she was informed that the complainant is suffering from infection in the eye and it would take two to three days to cure the infection whereafter she will be able to see properly.