AP. ARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the order dated 18.7.2008, passed by Sri Dhanjaya Kumar, Judicial Magistrate, 1st Class, Jamshedpur by which a prima facie case was found against the Petitioners for the alleged offence under Sections 304, 420, 269, 270, 201, 204, 323, 504, 120B/34 of the Indian Penal Code after inquiry under Section 202 of the Code of Criminal Procedure in C/I Case No. 771 of 2007. Petitioners have further requested for quashment of their entire criminal proceedings arising out of the said complaint case.

(2.) Prosecution story in short was that the complainant-opposite party No. 2 herein Sri Vimal Kumar Panday, an Advocate had admitted his wife Smt. Neelam Panday in the TELCO Hospital, Jamshedpur on 12.10.2006 as she was suffering from high fever and bodyache. On 14.10.2006 when temperature of Smt. Neelam Panday did not reduce, on being enquired by the complainant, the accused No. 2 Dr. Paul of TELCO Hospital said that Ms wife was suffering from malaria and would be cured on administration of drug by evening. The complainant-opposite party No. 2 requested him to discharge his wife for her better treatment by an expert doctor of Kolkata. The complainant stated that the accused No. 3 Dr. M. Ali consulted accused No. 1 Dr. Manitosh Roy and accused No. 4 A. Naresh, who induced the complainant to get his wife treated at the TELCO Hospital itself. On 15.10.2006 at 12:30 p.m. some medicines were injected in saline water but there after she started shivering badly and became senseless. Complainant again requested for her discharge so that she may be removed to Tata Main Hospital, Jamshedpur or to any other hospital. Yet, he was assured that his wife would be cured, but her condition deteriorated and breathing problem developed in her. The accused did not disclose the nature of ailment, Ms wife was suffering from. On 18.10.2006 when the complainant arrived at the hospital at about 6:00 a.m., he found his wife was removed to semi I.C.U. and from there, she was shifted to I.C.U. and was put on ventilator being the life supporting device. He further alleged that between 12.1.2006 and 18.10.2006 all the medicines were provided by the TELCO Hospital for which he had already made payments. On 21.10.2006 accused No. 1 Dr. Manitosh Roy demanded AB+ group of blood as her septicemia converted into D.I.C. which was dangerous to her life, accordingly he was asked to arrange platelet at his own level, though it was the responsibility of the hospital to arrange the same. On 29.10.2006 he could not arrange blood on account of closure of Blood Bank on Sunday. On 30.10.2006, the complainant was again assured about early recovery and survival of his wife. It was alleged further in the complaint that he made telephone call to the Petitioner Mr. A.P. Arya on 30.10.2006 and complained about the nature of treatment what was being extended to his wife but Mr. A.P. Arya alleged that he was in regular practice of dragging him and his associates in several allegations and that whatever treatment was provided to his wife was good enough for her recovery. The complainant alleged that all the accused persons including the Petitioners in league with each other resorted to cheating for monetary gain of TELCO Hospital by inducing the complainant to continue the treatment of his wife in the said hospital. Ultimately on wrong diagnosis and treatment his wife was declared dead on 31.10.2006 and her dead body was sent hurriedly out of the campus of the hospital on a 407 truck arranged by the accused persons on their own accord and in that manner, the complainant's wife Smt. Neelam Panday became victim of intentional and malicious negligence on the part of the accused which they did under collusion and conspiracy with each other to take revenge from the complainant-opposite party No. 2 due to his legal profession. In course of inquiry under Section 202 of the Code of Criminal Procedure, three witnesses, namely, (1) Manas Kumar Panday, own nephew of complainant (2) Amar Pratap Singh, a neighbour of complainant and (3) Kavi Kumar, a correspondent of local newspaper, were examined and having been prima facie satisfied with the materials, a case was found alleged under Sections 304, 420, 269, 270 and other allied Sections of the Indian Penal Code against the accused persons.

(3.) By giving their introductions, the learned senior counsel Mr. Rana Pratap Singh submitted that the Petitioner No. 1 was the President, Heavy and Medium Commercial Vehicle of M/s Tata Motors Ltd., Jamshedpur, Petitioner No. 2 was posted as General Manager, Singur Plant of M/s Tata Motors Ltd., West Bengal, Petitioner No. 3 was retired from service on 31.1.2008 and prior to that, he was posted as A.G.M. (Legal), Tata Motors Ltd. at Jamshedpur and the Petitioner No. 4 was a non-medico posted as Administrator of the TELCO Hospital, Jamshedpur. Neither specific allegation nor specific overt act could be attributed against any of the Petitioners except vague and omnibus allegations. Complainant during course of inquiry of the complaint had produced all the three interested witnesses and it would be evident from the statement that witness No. 1 being the own nephew of the complainant admitted having received the dead body of the wife of the complainant, who had made endorsement on the 'certificate of handing over the body', however, other two witnesses were mere the hearsay witnesses, who simply reiterated the story narrated by the complainant.