KIRAN KAUSHAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nagmani Tiwary, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Vishal Kumar, learned counsel for the State.

(2.) This petition has been filed for quashing entire criminal proceedings pertaining to Protest-cum-Complaint Petition CC No. 742 of 2016 including the order taking cognizance dtd. 30/7/2018 whereby cognizance has been taken under Sec. 307 and 420 I.P.C. against the petitioner, pending in the Court of learned C.J.M., Giridih.

(3.) The O.P. No. 2 has filed complaint case alleging therein that she was suffering from pain in abdomen and upon instruction of the doctor Ultrasound was done on 20/3/2010 at Lalpur Ultrasound Centre, Ranchi wherein both kidneys were normal. It is alleged that after two months again pain started wherein she met the petitioner and was advised operation which was done. However, pain continued and the complainant was financially exploited from 1/6/2010 to 9/5/2011 on account of treatment. It is further alleged that the pain became more and she started problem in urinating and on 9/10/2013 when ultrasound was done at Nav Ultrasound Krishna Nagar, Giridih it was revealed that the complainant did not have left kidney. Repeat ultrasound was occasioned on 21/3/2013 and 24/10/2013 at Ranchi and Dhanbad which testified the said fact. It is alleged that prior to operation, both kidneys were normal and after operation left kidney was missing which indicates that the petitioner has taken out the left kidney. It was alleged that no further operation was occasioned by the complainant elsewhere. It is alleged that subsequently complaint case was lodged which was sent for lodging of F.I.R. pursuant thereto Nagar P.S. Case No. 55/2015 was lodged. It is alleged that only to help the petitioner, wrong report was submitted.