A R SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application petitioner prayed for quashing the order dated 13.1.2005 passed by learned Additional Chief Judicial Magistrate. Rajmahal in PCR case No.395 of 2002 whereby and whereunder he took cognizance of the offence under Sections 304 and 420 read with Section 34 of the IPC. The petitioner further prays for quashing the entire criminal proceeding.

(2.) The case of prosecution in short is that the sister of OP No.2 was admitted in the clinic of petitioner on 5.7.2002, where she had been injected saline for normal delivery. It is further alleged that even on administration medicine when normal delivery did not take place, petitioner advised for operation" Thereafter on operation a female child born to the sister of OP No.2. It is then alleged that thereafter on 6.7.2002 profuse bleeding started to the sister of OP No. 2, whereupon the nurse of the clinic, Sona Tudu (accused No.2)had injected some medicine to the sister of OP No.2. It is further stated that after administering the said injection some more complications arose, thereafter OP No.2 called this petitioner for attending his sister. It is stated that the petitioner attended the patient and asked the nurse to administer other injection. But the sister of OP No. 2 could not survive and ultimately died. It is alleged that due to the wrong administration of medicine, sister of OP No.2 died. It is alleged that due to negligence of petitioner and attending nurses the sister of petitioner died. It is also alleged that the petitioner had demanded Rs.10,000 for the operation, but OP No.2 could only arrange and paid Rs.4,000 to the petitioner. It is further alleged that because of the aforesaid reason intentionally wrong medicine administered to his sister. Thus, it is alleged that the action of petitioner as well as the nurse of his clinic is punishable under Sections 304 and 420 of the IPC.

(3.) It appears that learned Additional Chief Judicial Magistrate, Rajmahal, examined the complainant on S.A. and also examined witnesses in course of inquiry under Section 202 of the Cr.P.C. It further appears that after considering the materials, learned Additional Chief Judicial Magistrate passed the impugned order and took cognizance of the offence under Sections 304, 420 read with 34 of the I.P.C. Against that present application has been filed.