- (1.) The applicants Dr. Vivekanand Gupta and 3 others have been charge-sheeted for an offence under Sections 304-A and 201, Indian Penal Code by police of Police Station, New Agra, District-Agra and a Criminal Case No. 975 of 2006 is pending in the Court of Special Chief Judicial Magistrate, Agra. They have, therefore, come up here under Section 482, Cr PC for termi-nation of these criminal proceedings.
(2.) The allegation is that one Smt. Sunita was operated upon in the night of 25.6.2005 in Vivekanand Hospital, Agra and gave birth to a male child. Hospital belonged to applicant No. 1. About 3 O'clock in the night, the lady nurse, opposite party No. 2 Saroj took away the child around 3 O'clock when his mother lying asleep. On making a hue and cry by the informant, father- in-law of Smt. Sunita some people in the morning informed the informant that a dog was eating upon the scalp of a child. The informant went to the spot and found the scalp lying. Meanwhile, the applicant No. 1 is said to have arrived and on his instruction, the applicant Nos. 3 and 4 took away and threw the scalp somewhere. The allegation is that applicant No. 1 managed a letter from the informant that the informant was taking along his daughter-in-law to some other hospital and sent them away by his car to Dainik Hospital, Tundla.
(3.) The contention from the side of the applicant is that the accused have been falsely implicated because there was a dispute about payment of hospital charges. The informant himself left the hospital for the reasons which can be seen from his own letter, which was given by him to the hospital management, while leaving the hospital. The English translation of the letter reads as follows : "My patient Sunita was carrying a child of seven and half month in her womb whose arm was coming out side. We had, therefore, got her operated in emergency and after great efforts of the child specialist, the child was able to breath. We were advised to keep the child on machine we did not agree and the child could not be saved. Therefore, we are taking our patient back home. We have no complaint against the hospital.";