D.MOHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners as also learned counsel for the State. No one appeared for the complainant respondent No. 2 in spite of repeated calls, even though, the respondent No. 2 has appeared through Advocate. The case was earlier heard on 18.6.2012 in part, but as no one appeared for the respondent No. 2 in spite of repeated calls, the case was adjourned. On 19.6.2012 also, no one appeared for the respondent No. 2 in spite of repeated calls and accordingly, the case was heard.

(2.) THE petitioner No.1 -Dr. D. Mohan and petitioner No. 2 - Jogesh Gambhir, who is the Director of Raj Hospital, Ranchi, have filed this writ application for quashing the charges framed against them on 6.1.2004 in S.T. No. 564 of 2003, including the order dated 6.1.2004 for framing the charge for offences under Sections 304, 420 and 384 of the I.P.C. against them in the said S.T. No. 564 of 2003, passed by Sri R.N. Tiwary, learned Additional Judicial Commissioner, Ranchi, and also for quashing the entire criminal proceeding against the petitioners in the said Sessions Trial.

(3.) IT may be stated that in the said complaint case, at the stage of enquiry the statement of the complainant was recorded on SA and the statements of five witnesses were recorded by the learned Judicial Magistrate, Ranchi and after taking cognizance, the case was committed to the Court of Session. The order taking cognizance was challenged before this Court by the petitioners in Criminal Misc. No. 3303 of 2001, which was dismissed by Order dated 28.6.2001. Subsequently, in the Court of Session, the prosecution and the accused were heard on the point of framing of charge and the charge was framed against the petitioners for the offences under Sections 304, 420, 384 of the I.P.C., by order dated 6.1.2004, which has been challenged in this writ application, praying to quash the entire criminal proceeding against the petitioner in the said S.T. No. 564 of 2003, including the order dated 6.1.2004 passed therein for framing of charge.