VIJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pandey Neeraj Rai, assisted by Mr. Rohit Ranjan Sinha and Mr. Saurabh Sagar, learned counsel for the petitioner, Mr. Bishambhar Shastri learned counsel for the State and Mr. Ashish Jha, learned counsel for the O.P. No.2.

(2.) This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order taking cognizance dtd. 16/8/2010 passed by the learned Chief Judicial Magistrate, Sahibganj in connection with P.C.R. Case No. 189 of 2009 whereby cognizance has been taken under Sec. 304-A/34 of the Indian Penal Code. Prayer has also been made for quashing of order dtd. 23/1/2013, passed by the learned Sessions Judge-I, Sahibganj in Criminal Revision No. 83 of 2010 whereby the Criminal Revision No. 83 of 2010 has been dismissed as not maintainable, pending in the Court of learned Chief Judicial Magistrate, Sahibganj.

(3.) P.C.R. Case No. 189 of 2009 has been filed by the O.P. No. 2 in the Court of learned Chief Judicial Magistrate, Sahibganj alleging therein that on 10/8/2009 at 9 A.M. the complainant brought his father to Surya Nursing Home, Sahibganj for operation of Hernia and the petitioner told him that the operation will be performed in the evening at 7 P.M. It is further alleged that at 7.30 P.M. the patient was taken to the operation theater and after 30 minutes the patient was brought out of the operation theater and shifted to a room. It is further alleged that the complainant was waiting that his father regain consciousness but thereafter the complainant saw that the veins of his father stopped. Thereafter immediately the doctor attended the patient and went away to his room and sent a message that the patient has died and when the doctor was again called he did not turn up.