- (1.) MANGAL Sen, the applicant has approached this Court, under Section 482, Cr. P.C. with the prayer that the two impugned orders dated 11.9.2007, 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 court's order dated 22.9.2007, 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, C.J.M., Pilibhit has rejected the application of the applicant under Section 156 (3), Cr. P.C. for getting his F.I.R. 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 C.J.M.
(2.) IN brief, the allegations levelled by the applicant in his application, under Section 156 (3), Cr. P.C. against Dr. J. N. Misra and his colleagues were that Somwati, wife of the applicant developed breathing complications on 5.8.2007 and hence she was shown to Dr. J. N. Misra, who gave her some medicines. However, the condition of the wife deteriorated and, on 7.8.2007 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. 15,000 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. Mangal 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 endeavour to talk to the doctor as he refused to entertain him without charging his demanded money. In dire need, the applicant collected Rs. 2,000 from various persons present there 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, after which, complication of Somwati rapidly developed resulting in her death at 4 p.m. that day itself. 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 F.I.R. of the applicant.
(3.) ON, above facts, applicant approached the Chief Judicial Magistrate, Pilibhit under Section 156 (3), Cr. P.C. on 31.8.2007, to get his F.I.R. registered, which application of the applicant was registered as Misc. Case No. 982M of 2007, Mangal Sen v. Dr. J. N. Misra and others. Chief Judicial Magistrate, scanned the whole allegations levelled by the applicant, without getting the matter even inquired into rejected the application of the applicant vide his order dated 11.9.2007, relying upon the law laid down by the Apex Court in the case of Jacob Mathew v. State of Punjab and another, AIR 2005 SC 3180 : 2005 (3) ACR 2257 (SC). Aggrieved by the said rejection, the applicant approached the Session's Judge, invoking his revisional power, unsuccessfully, as his revision was dismissed on the ground of being not maintainable vide it's order dated 22.9.2007. Both the orders are now challenged before this Court, in the instant criminal misc. application, albeit after a gap of two years.;