RAMESH SINHA, J. - (1.) BY means of present 482 Cr.P.C. application, the applicant has prayed for quashing the charge-sheet dated 11.10.2012 submitted against the applicant under Section 326, 506 I.P.C. arising out of Case Crime No. 803 of 2012 under Section 326 I.P.C. at police station Quarsi, District Aligarh.
(2.) COUNTER and rejoinder affidavits have been exchanged between the parties. Brief facts of the present case are that the complainant-Veer Singh (hereinafter referred to as 'opposite party no.2') lodged an F.I.R. against the applicant alleging that his mother Smt. Shanti Devi was having acute pain in her abdomen. On 17.4.2012, the opposite party no.2 got a check up of his mother in the Nursing Home of the applicant, namely, Ashirvad Nursing Home, Ramghat Road, Aligarh for getting her medically treated. Dr. Rajeev Lochan accused applicant referred for various test from 17.4.2012 to 5.5.2012 of the mother of opposite party no.2. The applicant informed the opposite party no.2 that the right kidney of his mother was affected and was not working properly, hence operation is required otherwise her life would be in danger. Thereafter, the applicant conducted the operation of the mother of opposite party no.2. After the operation, the condition of Smt. Shanti Devi, mother of opposite party no.2 started deteriorating and, therefore, on 7.5.2012, she was sent for dialysis to Varun Heart Centre, Aligarh and from 7.5.2012 to 20.5.2012 dialysis was done. From reports of different doctors the informant came to know that Dr. Rajiv Lochan accused-applicant has removed the kidney of left side instead of right side, hence the life of mother of opposite party no.2 was in danger. The opposite party no. 2 on coming to know about the said fact was busy in the treatment of her mother, hence some delay has occurred in lodging the F.I.R. against the applicant.
(3.) THE F.I.R. of the case was registered under Section 326 I.P.C. by the opposite party no.2 which was registered as Case Crime No. 803 of 2012 police station Quarsi, District Aligarh. The investigation of the case was carried out by the police and charge-sheet was submitted under Section 326, 506 I.P.C. on 11.10.2012 against the applicant and cognizance of the offence was taken by the Magistrate on 29.10.2012.;