RAMESH PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated June 15, 1990, passed by the Chief Judicial Magistrate, Pali, by which the learned Magistrate accepted the Final Report.

(2.) RAMESH Purohit, on September 1,1986, filed a complaint in the Court of the Chief Judicial Magistrate Pali, against Dr. Sajjan Raj and Dr. S. B. Purohit, Surgeon under Section 304-A I. P. C. Complainant's two years' old son was admitted in the Bangar Hospital, Pali, who was to be operated-upon by Dr. S. B. Purohit, as the infant child had a deformity on his lip. On June 5, 1986, the child was brought in the operation theatre for operation. At that time, the complainant and his father and other relatives were, also, present there. The accused Dr. Sajjan Raj Daga, who was the Junior Specialist in Anaesthesia in Bangar Hospital, Pali, administered anaesthesia to the child and after giving anaesthesia, came out of the operation theater and started talking with a lady, who was standing there. On the request the informant and his father requested the accused Dr. Sajjan Raj Daga to remain present near the infant child but the accused did not pay heed to their request and the child breathed his last on account of the negligence of the Dr. Sajjan Raj Daga as he had given over dose of anaesthesia to the child and did not care to remain present near the child. It was further mentioned in the complaint that the complainant reported the matter to the Chief Medical and Health Officer, Pali, and the State Government, but no action was taken against the accused and therefore, this complaint has been filed as no action was taken against the accused either by the State Government or by the Chief Medical and Health Officer. This complaint was sent by the learned Magistrate under Section 1 6 (3) Cr. P. C. to the Station House Officer, Police Station, Pali, for further investigation and the police, after necessary investigation, presented the Final Report in the matter. The investigation conducted by the police showed that the accused Dr. Sajjan Raj Daga was negligent in discharging his dutties, but according to the police, the sanction for prosecution was necessary and, therefore, the Final Report was submitted. The learned Magistrate, by his order dated June 15, 1990, accepted the Final Report submitted by the police. The learned Magistrate, also, on the same day, passed an order that as the counsel for the complainant does not press the protest petition, therefore, the pretest petition, at this stage, is dismissed.

(3.) IN the result, the revision petition filed by the petitioner is, therefore, allowed. as above. .