DR. MANJU BHARGAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present miscellaneous petition has been filed by the petitioner against the order dated 14.10.2009 passed by the Chief Judicial Magistrate, Suratgarh (for short, the trial Court") in Final Report Case No. 176/2007 arising out of F.I.R. No. 154/2007 Police Station Suratgarh, whereby the learned trial Court took cognizance against the petitioner for the offences tinder Sec. 304-A I.P.C. The said order passed by the trial Court has been affirmed in revision by the learned Additional Sessions Judge (Fast Track), Anoopgarh, headquarter Suratgarh vide order dated 12.11.2009.

(2.) Briefly stated, the facts necessary for disposal of the miscellaneous petition are set-out here-in-under.

(3.) The petitioner is a doctor as also the owner and Incharge of Manju Bhargava Nursing Home. A complaint was filed in the Court of Additional Chief Judicial Magistrate, Suratgarh by one Amritpal Singh with the allegations that he was married to one Chinnu alias Bhawandeep Kaur. He further submitted that he and his wife Chinnu alias Bhawandeep Kaur were residing at Suratgarh and on 30.3.2007, when his wife was expecting and was taken to the petitioner's nursing home at the final stages of her pregnancy. The petitioner allegedly asked the complainant to bring two units of blood from Purohit Blood Bank, Sri Ganganagar and instructed the complainant that she would be calling the Purohit Blood Bank for doing the needful. It is said that thereafter the complainant went to Sri Ganganagar, brought two units of blood from Purohit Blood Bank for a sum of Rs. 2200.00 and handed over the same to the petitioner. It is further alleged that the petitioner started administering the blood to the complainant's wife and ultimately complainant's wife gave birth to a child on 31.3.2007 at 9.0/10.00 AM. It is further alleged that one and half hour later, the petitioner informed the complainant that his wife had developed some reaction with the blood and as such two more units of blood were to be brought from Purohit Blood Bank, Sri Ganganagar. Accordingly, the complainant again went to Sri Ganganagar and brought two more units of blood but by the time he reached back, he was informed that his wife had expired.