- (1.) MANGAL Sen, the applicant has approached this Court, under S.482, CrPC, with the prayer that the two impugned orders dated 11/09/2007, passed by Chief Judicial Magistrate, Pilibhit, in Misc. Case No. 982M of 2007, Mangal Sen Misra v. J. N. Misra and Others, and the subsequent revisional Courts order dated 22/09/2007, passed by Additional District and Session's Judge, Court No. 4, Pilibhit, in Criminal Revision No. Nil of 2007, be quashed. By the former order, CJM, Pilibhit, has rejected the application of the applicant under S.156(3), CrPC for getting his FIR registered of such a crime, where his wife had lost her life. Lower revisional Court has also rejected the revision preferred by the applicant challenging the aforesaid order passed by CJM.
(2.) IN brief, the allegations leveled by the applicant in his application, under S.156(3) CrPC, against Dr. J. N. Misra and his colleagues were that Somwati, wife of the applicant developed breathing complications on 05/08/2007 and hence she was shown to Dr. J. N. Misra, who gave her some medicines. However, the condition of the wife deteriorated and, on 07/08/2007 at 2 p.m. She developed serious breathing trouble. Somwati went on her own to the Doctor, who charged Rs. 750/- as his fees but the condition of the wife further deteriorated and therefore she was advised hospitalisation by the said doctor and, for that purpose, he raised a demand of Rs. 15000/- informing her that oxygen etc. had to be administered to her. Since Somwati did not have the adequate money demanded by the doctor therefore she was neither hospitalised nor treated by the said Doctor. Magal Sen husband of Somwati, who was at his working place in L. H. Sugar factory, Pilibhit, was informed regarding his wife's condition, who rushed to the doctor's hospital and found his wife lying in the hospital varandah in a serious condition. Applicant made a vain endeavor to talk to the doctor as he refused to entertain him without charging his demanded money. In dire need, the applicant collected Rs.2000/- from various persons present their and offered it to the doctor requesting him to treat his wife. Doctor, it is alleged, got infuriated and ordered his compounder to bring an injection which was injected to Somwati, which after, complication of Somwati rapidly developed resulting in her death at 4 p.m. that day itself.
(3.) THEREAFTER , Doctor got collected his henchmen armed with fire arms, knives, and accosted the applicant to remove the corpse of his wife followed by an assault on the applicant by those henchmen. Meanwhile, many press people and police reached at the spot but the police refused to take the FIR of the applicant.;