NARENDRA PATHAK Vs. B SHARDA

JUDGEMENT

(1.) This petition challenges the Order dated 16.4.1999, passed by the Sessions Judge, Udaipur whereby the learned Judge had dismissed the revision petition filed by the petitioner. In the revision petition the petitioner had challenged the Order dated 10.11.1998, whereby the Additional Civil Judge (JD) and Judicial Magistrate No. 1, Udaipur (North) had accepted the negative Final Report filed by the police and had rejected the petitioner's protest petition.

(2.) The brief facts of the case are that on 12.4.1996, the petitioner's only son, Hitesh came down with fever and was suffering from stomachache. The petitioner took his son to the respondent No. 1, Dr. B. Sharda, for treatment. It was discovered that Harish was suffering from viral hepatitis. On 13.4.1996, Hitesh underwent some diagnostic tests. On 16.4.1996, Hitesh was admitted to the hospital. On 19.4.1996, Hitesh was discharged from the hospital. According to the respondent No. 1, Hitesh was normal, although his S.G.P.T. was 100 times higher than the normal. But still, the respondent No. 1 opined that it was "normal". After bringing Hitesh home, his condition started deteriorating. On 20.4.1996, he was again taken to the house of respondent No. 1. Although the respondent No. 1 said the condition had worsened because of weakness, Hitesh was again admitted in the hospital. In the hospital, his condition worsened even further, doctors were called, blood was donated, but no one paid any heed to the patient. Around 3:00 AM, the doctors were called, but no one attended on the patient. In the morning the petitioner went to the residence of the respondent No. 1 and told him about the shabby treatment being meted out to his son. Upon this, the respondent No. 1 allegedly told the petitioner "to take his son somewhere else, in case he was not pleased with the respondent's services". The petitioner went to Dr. Sarin, but he was ill. He, therefore, went to Dr. B.C. Kumawat. Dr. Kumawat immediately admitted Hitesh in the I.C.U. But even there no treatment was given to Hitesh. Thereafter, the respondent No. 1 discharged Hitesh and referred him to an appropriate center for further treatment. The petitioner took his son to the Rajasthan Hospital at Ahmedabad. But the doctors there told him that the patient's condition had deteriorated to the point of no return. Because of wrong diagnosis and wrong treatment, they would not be able to save Hitesh. Hitesh died on 22.4.1996.

(3.) The petitioner made various complaints to the higher authorities. He pointed out that the respondent No. 1 had given "Metapor tablet" to Hitesh, which is only a pain killer. In fact, the said tablet adversely affects the functioning of the liver. Since Hitesh was suffering from liver problem, by prescribing the said tablet, his conditioned was made worse. However, the higher authorities did not pay any heed to the petitioner's complaint. Therefore, the petitioner filed a complaint before the Superintendent of Police, Udaipur. The said complaint was sent to the Police Station Hathipol. On 6.2.96, a FIR for offence under Section 304A IPC was registered against the respondent No. 1. After investigation, however, the police submitted a negative Final Report. The learned Magistrate issued a notice to the petitioner, who thereupon filed the protest petition.