(1.) Heard Mr. Saibal Kumar Laik, learned counsel for the petitioner, Mr. Shashi Kumar Verma, learned counsel for the State and Mr. Ranish Kumar, learned counsel for opposite party no.2.
(2.) This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 22/8/2015 in connection with C.P. Case No.891/2015, pending in the Court of the learned Judicial Magistrate, 1st Class, Dhanbad.
(3.) The complaint case was filed alleging therein that the complainant's wife Mrs. Bharti Keshri was not able to conceive after her marriage and she was under treatment of Dr. S.K. Das since 23/2/2015 and after medical tests Bulky uterus with thickened endometrium with multiple fibroids was detected and as per the advice of Dr. S.K. Das, she was admitted to Asharfi Hospital, Dhanbad on 25/3/2015 for treatment and minor operation. But at the time of the performance of operation, the Anesthesiologist Dr. Raj Kumar Singh was not on duty and in his absence, Anesthesia was done by Dr. Arpita Das and due to the overdose of medicine, the wife of complainant died in operation theatre and then the Hospital authority admitted the dead body of the complainant's wife to I.C.U. for recovery due amount of treatment from the complainant. The accused person concealed the fact of death of Mrs. Bharti Keshri from her husband and relatives for many hours, but ultimately, the power of endurance of complainant drop down and they entered into the I.C.U. and found the dead body of Bharti Keshri was lying in I.C.U. and the jewellery and other wearing apparels of the complainant's wife was also missing and when they raised objection for this rash and negligent act, the doctor and hospital authority assaulted him mercilessly.