DR. N.K. AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal Misc. Petition under Sec. 482 Crimial P.C. has been filed against the order dated 29.6.2006 passed by the Revisional Court, affirming the order dated 15.3.2004 passed by the learned Additional Chief Judicial Magistrate, Chomu, taking cognizance against the petitioner for the offence under Sections 304-A and 201 I.P.C.

(2.) The facts in brief are that an F.I.R. was lodged against the present petitioner by non-petitioner No. 2 Smt. Shanta, alleging therein that the present petitioner has given wrong treatment to her husband and as a result of negligence on his part, her husband has died. After investigation, the Police submitted Final Report and upon protest petition having been filed by the complainant, the learned Magistrate made inquiry under Sections 200 and 202 Crimial P.C. and thereafter took cognizance against the petitioner for offence under Sections 304-A and 201 I.P.C. Aggrieved by the order of the learned Magistrate, the petitioner preferred a revision petition, but that too was dismissed by the revisional Court. Hence the present petition.

(3.) Learned counsel appearing on behalf of the petitioner has strenuously argued that the evidence regarding ingredients for offence under Sec. 304-A I.P.C. against a medical professional is completely lacking in the present case. There is no allegation of gross negligence against the petitioner, which could be termed as criminal negligence. The deceased was taken to the Hospital, which is evident from statement of wife of the deceased as also the statement of accompanying witness Sushil Kumar. The treatment given to the petitioner has been opined by the Medical Board as quite appropriate. No wrong drug was administered to the deceased and according to the post-mortem report, the cause of death was 'hypovolemia leading to syncope and cardio pulmonary arrest'.