DR. VINAY SUREN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this criminal misc. petition, the petitioner has prayed for quashing FIR No. 25/2007 registered at Police Station Sodala, District Jaipur for commission of offence punishable under Sec. 304-A of the Indian Penal Code; order dtd. 16/10/2008 passed by the Court of Additional Civil Judge (JD) and Judicial Magistrate, First Class, No. 16, Jaipur City, Jaipur (hereinafter to be referred as 'the trial court'), whereby, file of the case/negative final report was returned for filing of challan; cognizance order dtd. 20/10/2008, order dtd. 15/6/2009 passed by the trial court whereby charges for commission of offences under Sec. 304-A and 420 IPC were framed against the petitioner and order dtd. 28/6/2010 passed by the Court of Additional Sessions Judge No. 8, Jaipur City, Jaipur (hereinafter to be referred as 'the revisional court') whereby revision petition filed by the petitioner was dismissed.

(2.) It is stated that FIR No. 25/2007 was lodged by Respondent No. 2-complainant, Dinesh Mehta alleging therein that his daughter-in-law, Smt. Sonal Mehta, who had conceived, was undergoing treatment under supervision of the petitioner and continued to take her guidance during her first pregnancy. On 17/1/2007, when the labour pains were experienced by his daughter-in-law, she was got admitted by the complainant in Sevayatan Hospital, Jaipur and was subjected to necessary investigations. After examining the reports of the investigations, it was assured by the petitioner that it would be a normal delivery of the child. Next day, at around 10.00 A.M., the petitioner left for Ajmer leaving complainant's daughter-in-law at the mercy of unskilled employees and at around 11.30 A.M., on 18.01.20074, the child died on account of strucking cord around his neck. It was submitted that had the delivery been conducted by the skilled person/medical expert, the child could have been saved and he died only on account of grave negligence of the petitioner and employees of the hospital.

(3.) It was further submitted that after lodging FIR, investigation was conducted by the police authorities and as no cognizable offence was found to be proved against the petitioner, hence, negative final report was submitted by the SHO, Police Station Sodala, District Jaipur on 14/12/2007.