KRISHNA PRATAP SINGH,JJ. - (1.) Heard Sri Abhijeet Mukherji, learned counsel for the petitioner, Sri R.K. Mishra, learned counsel for the Union of India as well as Sri Gaurav Pratap Singh, learned A.G.A. and perused the material brought on record. This petition has been filed by the petitioner with the following prayer:- (i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to complete the investigation in Case Crime No. 0876 of 2016, under Sections 279, 338, 427 I.P.C. without further inordinate delay and also to file a charge sheet against the accused persons within a specific time. (ii) Issue a writ, order or direction in the nature of mandamus directing an inquiry/direct lodging of an F.I.R. in the light of the negligence of the concerned staff and Doctors of District Hospital, Auraiya as well as the concerned police authorities for leaving the victim (husband of the petitioner) unattended after the accident on the intervening night of 12/13.11.2016 due to which he died without getting any proper medical aid and attention. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 to ensure the recovery of the stolen movable properties from the petitioner's husband's person and his car (Wagon-R U.P. 70 BA 4194) within a fixed period of time under the monitoring of this Hon'ble Court.
(2.) It has been contended by the learned counsel for the petitioner that the deceased died in an accident and due to negligence of respondent no. 6, who medically attended him did not perform his professional duty which amount to professional misconduct. Learned counsel for the petitioner in support of his contention has placed reliance on the judgment of Apex Court in the case of Save life Foundation and another v. Union of India and another in Writ Petition No. 235 of 2012, decided on October 29, 2014 in which learned counsel for the petitioner has drawn attention towards para 67 sub clause 2 which is as follows: "67. 1 (11) Lack of response by a doctor in a emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute "Professional Misconduct", under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and disciplinary action shall be taken against such doctor under Chapter 8 of the said Regulations."
(3.) After having heard learned counsel for the parties and perused the other material brought on record, we dispose of this writ petition with direction that the petitioner shall approach the C.M.O. of District Hospital, Auraiya for raising his grievance, who shall consider the same. So far as other prayers are concerned, the matter is still under investigation. The Court hope and trust that the Investigating Officer shall submit police report expeditiously in accordance with law within a period of two months from the date of production of certified copy of this order before the competent Court.;