KAMAL B KAPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The instant misc. petition has been preferred by the petitioners seeking quashing of F.I.R. No. 204/2012 registered against them at the instance of the respondent No. 2 at P.S. Kotwali, Sri Ganganagar for the offences under Sections 336 and 420 IPC.

(2.) Succinctly stated the facts necessary for the disposal of the instant misc. petition are that the respondent No. 2 Shri Amit Chitlangia (hereinafter referred to as the complainant) filed a written report at the Police Station, Kotwali, Sri Ganganagar on 5.5.2012 alleging inter alia that he was suffering from a serious vision defect and was forced to wear glasses of 4-1/2 power. He further alleged that acting on the basis of an advertisement pamphlet distributed in Rajasthan Patrika newspaper on 5.2.2000, the complainant approached a clinic by the name of Perfect Vision Basic Laser Center. The operator of the Center was one Om Prakash Agarwal. The respondent No. 2 got his eyes tested at the centre and was advised surgery by the operators of the Laser Center. The complainant was allegedly informed that specialist doctors from Delhi namely, Dr. Samir Sood and Dr. Kamal B. Kapur, the petitioners herein, would be called for performing the surgical procedures on the complainant. The complainant was subjected to correctional procedure through laser therapy by these two petitioners allegedly on 28.3.2000. The complainant also alleged that he developed serious problems and complications after the procedure and repeatedly approached the laser center as well as the petitioners at Delhi for resolution of his problems. He was allegedly turned back after giving false assurances. Ultimately, he approached another eye clinic and there he was told that the procedure performed on him was defective leading to the impairment of his version. It was alleged that the petitioners acted in rash and negligent fashion and by carrying out laser procedure irresponsibly, destroyed the complainant's version and also cheated him out of a sum of Rs. 20,000/-. On the basis of the aforesaid report, an FIR No. 204/2012 was registered at the P.S. Kotwali, Sri Ganganagar for the offences under Sections 336 and 420 IPC and investigation commenced.

(3.) The petitioners both eye surgeons who have been arrayed as accused in the FIR, have approached this Court by way of the instant misc. petition seeking quashing of the FIR impugned.