- (1.) This application u/s 482 CrPC. has been filed for quashing the proceedings of criminal case no. 1948/2015 (State Vs. Amit Verma and others) u/s 304-A, 336, 337, 338 IPC, crime no. C-11/2009, P.S. Nazeerabad, district Kanpur Nagar pending in the court of ACMM-II, Kanpur Nagar.
(2.) The case crime no. C-11/2009 was registered after allowing of application u/s 156(3) CrPC. of the complainant Rizwan Khan. After completion of the investigation, police had submitted the charge-sheet against the applicant for the aforesaid offences, on the basis of which criminal case no. 1948/ 2015 was registered and proceeded against him. After his appearance, the accused-applicant requested for discharge, and relied on case of 'Jacob Mathew Vs. State of Punjab'. After hearing his request for discharge was rejected by the trial court and charge for offences u/ss 336, 337, 338, 304-A IPC were framed. Then applicant-accused moved present application u/s 482 CrPC. for quashing the entire proceedings of the aforesaid case no. 1948/2015 pending against him.
(3.) The prosecution case in brief was that applicant Amit Verma and four others doctors, namely, Dr. Rajan Luthra, Dr. B.K.Gupta, Dr. J.P. Singh and Dr. Sanjay Gupa are carrying on their medical profession in Kanpur Medical Center, and Dr. P.K. Singh is in-charge of Blood-Bank of G.S.V.M. Medical College, Kanpur Nagar. On 06.11.2009 complainant's wife Yasmin Begam was admitted in Kanpur Medical Center, where her treatment started under the supervision of Dr. Rajan Luthra and Dr. B.K.Gupta. After sometime they had asked complainant to arrange blood from Blood-Bank of G.S.V.M. College and gave written a slip for bringing blood of O+ blood group. On 07.11.2009 and 08.11.2009 blood brought by the complainant from G.S.V.M. Medical College Blood-Bank and was administered in the body of Yasmin Begam. On 08.11.2009 the bottles of blood brought by the complainant was handed over in said hospital and was administered to Yasmin Begam without properly testing and matching it with the blood of patient. When said blood was administered, the condition of patient started deteriorated suddenly. Then administration of blood was stopped, and on testing it was found that said blood was of 'B+' group instead of 'O+' group. Due to such administration of wrong group of blood, kidney and other organs of the body of the Yasmin Begam were damaged and died on 08.11.2009 at about 05:00 pm. in evening. For her death the doctors Rajan Luthra, Dr. B.K. Gupta, P.K. Singh and staff of Blood-Bank as well as Dr. Piyush Mishra, Dr. J.P. Singh and Dr. Sanjay Singh are responsible because their negligence and administration of wrong blood without testing resulted in death of Yasmin Begam. Out of two bottles brought from the Medical College Blood-Bank, one bottle was administered and other bottle supply no. 26906 was not administered. When complainant reported the matter to police, his report was not lodged. Then after given information to SSP, he had moved application u/s 156(3) CrPC., on the basis of which FIR was lodged.;