JITENDRA KUMAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) - The present misc. petition has been filed on behalf of the petitioner seeking quashing of the FIR No.196/2009, registered at Police Station Sojat City, Distt. Pali and the subsequent charge-sheet filed against the petitioner for the offences under Sections 269, 270 and 338 IPC.

(2.) Briefly stated the facts necessary for the disposal of this misc. petition are that on 21.05.2009, the respondent No.2 filed a complaint in the court of the learned Addl. Chief Judicial Magistrate, Sojat, in which, he alleged that his wife Smt. Sugna Devi was admitted in the Government Hospital, Sojat City for Tubectomy operation in the camp organised by the Medical Department. It was further stated in the complaint that the Tubectomy operation of his wife was conducted by the petitioner Dr. Jitendra Kumar and the petitioner negligently conducted her operation and severed the intestine of the respondents wife namely Smt. Sugna Devi, due to which, she had to be hospitalised again and ultimately she was admitted at the M.G. Hospital, Jodhpur on 02.04.2009, where, the complainant was informed by Dr. Pankaj Kumar Saxena that the Tubectomy operation was done negligently, due to which, the intestine of Smt. Sugna Devi was severed leading to infection in the body, which was endangering to her life. It has also been alleged in the complaint that Smt. Sugna Devi was subjected to further operation by Dr. Pankaj Kumar Saxena, as such, she remained in the hospital till 30.04.2009. It was also stated by the complainant that due to the shock of this incident, his mother died on 06.05.2009 and that a huge amount had to be spent for the treatment of his wife. The complaint thus submitted on 21.05.2009 was sent to the police under Section 156(3) Cr.P.C. and on receipt of the complaint, a FIR No.196/2009 was registered at the Police Station Sojat City, Distt. Pali and investigation was commenced.

(3.) The petitioner challenged the aforesaid FIR by way of filing the instant misc. petition but even before this misc. petition could be taken up, the police filed a charge-sheet against the petitioner on 22.12.2011 without informing the petitioner, on which, a prayer has been made for amending the misc. petition and now the prayer has been made on behalf of the petitioner for quashing of the FIR No.196/2009, registered at Police Station Sojat City, Distt. Pali and the order dated 22.12.2011 passed by the learned Addl. Chief Judicial Magistrate, Sojat, Distt. Pali in FIR No.196/2009, whereby, cognisance has been taken against the petitioner for the offences under Sections 269, 270 and 338 IPC.