RADHIKA BANDI Vs. STATE OF M. P.

JUDGEMENT

(1.) Being aggrieved by order of dismissal of her application filed under section 294 CRPC to ask the prosecution to ''admit or deny'' the report of the Chief Medical and Health Officer, Indore filed by petitioner as Annexure P/6, to establish his defence against the allegation of negligently removing right eye instead of left eye of the 3 year old son of the complainant, the petitioner has invoked inherent powers of this Court conferred under section 482 CRPC.

(2.) The Judicial Magistrate First Class, Indore has dismissed the application vide order dated 21.01.2020 passed in criminal case number 19700/2008.

(3.) Facts giving rise to the present petition in brief are that in the April, 2007 (13.04.2007) one Kailash Narayan Dhakad approached the police with a complaint that his three year old son Chhotu was suffering from some disease. He visited local doctor; Dr. Digpal Dharkar, who referred him to Dr. Radhika Bandi (petitioner) of Greater Kailash Hospital, Indore for further treatment. Dr. Bandi acted negligently and instead of treating the left eye, she removed his right eye, which had no ailment. The police registered crime number 292/2008 and investigated the same.