Y D SHARMA AND ANOTHER Vs. RAMAKANT SHARMA

JUDGEMENT

(1.) This petition under section 482 Cr.P.C. has been filed with the prayer for quashing of the order dated, 16.7.91 passed by the Additional Chief Judicial Magistrate, Karauli, by which he has taken cognizance against the petitioners in respect of an offence under sec. 500 I.P.C.

(2.) The circumstances leading to the filing of the petition are that Shri Rama Kant Sharma filed a complaint on 10.4.91 in the court of the Additional Chief Judicial Magistrate, Karauli with the allegations that his wife Smt. Meena Sharma was admitted to the General Hospital, Karauli on 30.3.91 due to diarrhea. Since, there was no vacant bed in the general medical ward, she was admitted by Dr. Ashok Jain in the Surgical Ward. It is alleged that at about 6 to 6.30 P.M. of that day, the petitioners, who were on duty and were taking round in the surgical ward, enquired as to who has admitted the patient, namely, Smt. Meena Sharma in the surgical ward. It is said that the complainant told that Dr. Ashok Jain had admitted her. On hearing this, the petitioners are said to have got annoyed and asked the complainant to remove the patient from the bed of Surgical Ward. It is said that the petitioners did not allow the drip to be completed which was being administered to the wife of the complainant. It is said that the petitioners abused the complainant. When the complainant told them that they should behave properly and he is a lawyer, the petitioners are said to have used more abusive language and thus caused grave injury to the complainant. The complainant claimed that by their actions and conduct the petitioners had caused serious injury to the complainant's social reputation.

(3.) In support of his complaint, the complainant made his own statement and also produced Shri Ashok Singh and Mahavir Singh, two witnesses. On the basis of the contents of the complaint and their statement, learned Additional Chief Judicial Magistrate passed the impugned order dated, 16.7.91.