RAMAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been brought about under section 482 of the Code of Criminal Procedure for quashing of the entire criminal prosecution of Complaint Case No. 61 of 1999 including the impugned order dated 29-1-2004, passed by the Judicial Magistrate, Ranchi whereby and whereunder cognizance of the offence was taken against the petitioner and another under section 269 of the Indian Penal Code.

(2.) The brief fact giving rise to the present case is that the opposite party No. 2 had admitted his wife Madhu Rajgarhia in Nagarmal Seva Sadan Hospital, Ranchi which is a private Hospital situated at Lake Road, Ranchi for the operation of her appendicitis. It was conveyed to the opposite party no. 2 on 25-12-1998 that the operation shall be conducted by the petitioner, who prescribed several medicines, injections to be used in the operation and, accordingly, it was purchased and provided. On the same day at about 8 a.m. when the wife of the complainant/opposite party No. 2 was being taken towards the operation theatre she felt uneasy and fell down. However, after an hour she was taken to the operation theatre on the call of the petitioner for her operation and Dr. H. P. shamayar also went inside the operation theatre to assist in operation. After an hour the petitioner came out and asked the opposite party No. 2 to arrange other surgeon since the pipe was not passing through the throat of his wife and the condition was getting critical. Opposite party No. 2 requested the petitioner to call some other surgeon to assist him but the petitioner did not pay any heed to it and again he went inside the operation theatre and remained there till 2 p.m. Neither the opposite party No.2 nor the relatives was informed about the condition of the patient. However, on the request made by witnesses to the petitioner, one Dr. Moti Singh was called in and the patient was shifted to ICCU of the Hospital at about 8 p.m. The patient was further attended by Dr. K. K. Sinha of Ranchi. The patient was put in the ICCU and on 27-12-1998 at about 11 a.m. the petitioner informed the opposite party No.2 that his wife was dead without disclosing the cause of her death. A death certificate was issued by the Hospital authority wherein the cause of death was mentioned as "sudden Cardiac Respiratory Arrest". The deceased had no other problem except in her appendicitis. She was aged about 35 years and the death was caused due to negligent acts, use of wrong medicines and injections and overdose of Anaesthesia. On account of mental shock upon hearing the news of death, grand father of opposite party No.2 expired on 10-1-1999 and finally the delay has been explained by opposite party No.2 in lodging the complaint case before the Chief Judicial Magistrate, Ranchi.

(3.) Learned counsel for the petitioner submitted that from the allegations in the complaint petition, statement of the witnesses in course of enquiry under section 202 of the Code of Criminal Procedure and from the documents produced after procuring it from Nagarmal Seva Sadan in n manner offence under section 269 is attracted and, therefore, cognizance of the offence taken by the Judicial Magistrate, Ranchi by the order impugned in the aforesaid section of the Indian Penal Code is the abuse of the process of Court. As a matter of fact section 269 of the Indian Penal Code, hereinafter referred to as code relates to affecting the public health, safety etc. and the opposite party No.2 filed the complaint case with malafide intention to harass and humiliate the petitioner.