NEENA GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of FIR No. 96 dated 20.3.2006 lodged for commission of offence under Section 304-A IPC with Police Station, Civil Lines, District Patiala.

(2.) THE FIR at issue registered at the instance of respondent No. 2, Mr. Surinder Singh Chadha narrating that there was lump in the uterus of Devinder Kaur, aged 42 years, wife of the complainant. In context of the ailment, Devinder Kaur was taken to the petitioner, Dr. Neena Gupta, in her Clinic, Nitin Nursing Home, Ajit Nagar, Patiala on 5.3.2006. After examination, the petitioner recommended tests and prepared the file for surgery. Admission fee was taken and certain tests were recommended. The complainant was informed by the petitioner that the surgery would be conducted on 11.3.2006 (Saturday) at 6.30A.M. Blood count being less, blood transfusion was required and the complainant alongwith his wife was called to the Clinic on 10.3.2006. One unit of blood was requisitioned from Rajindra Hospital, Patiala by scribing sample letter. After starting the transfusion, at about 10.30 A.M. on 10.3.2006, the petitioner went somewhere to attend a function. No care of the patient was taken and Devinder Kaur was left at the mercy of untrained staff. The petitioner came back at around 1.30 P.M. Devinder Kaur was suffering and the complainant could not understand the cause. After returning, enquiries were made by the petitioner. By then, half the bottle had been transfused. One injection was given and the blood bottle was removed. Thereafter, till evening the petitioner did not pay any attention towards the patient i.e. wife of the complainant. By the night, Devinder Kaur started complaining of severe pain in her abdomen, perplexed and dizziness. Despite requests, no attention was paid to her. At 10.00 P.M., the petitioner informed the complainant that the disease of the patient was not within her understanding and the patient may be examined by calling some doctor from outside. The complainant however told the petitioner that because patient had been brought to her clinic and her condition had worsened on account of negligence of the petitioner, it was for the petitioner to call for another doctor at her level.

(3.) IT is further the allegation that in the meantime, condition of the wife of the complainant became precarious whereupon the petitioner was informed by a Nurse. The petitioner came out of the operation theatre and on seeing Devinder Kaur in a serious condition, Dr. Harbans Lal was called, whereafter some further treatment was given to the patient. During this period, the petitioner learnt that the condition of the patient had become serious because of blood transfusion. At about 8.00 P.M., the petitioner called the complainant and said that the condition was serious and she had no arrangements. The petitioner had spoken to the doctors in Fortis Hospital, Mohali whose Van and doctors would come and Devinder Kaur may be given treatment there. The complainant was further informed that if the patient was to be given treatment at Fortis Hospital, then decision was required to be conveyed within 10 minutes. The complainant consented wherepon Ambulance from Fortis Hospital came at 10.00 P.M. and the patient was transferred to Fortis Hospital, Mohali.