- (1.) This application under section 482 of 2001 of Code of Criminal Procedure has been taken out by Dr. Kunal Sanyal an accused in G.R. Case No. 912 of 1998 arising out of Kharagpur (T) P.S. Case No. 136 of 1998 dated 3.6.1998 under sections 304A/34 of the Indian Penal Code praying for quashing of the proceeding against him, mainly, on the grounds that: a) that no case is made out against him showing rush and negligent act or omission on his part resulting in death of Dipak Das; b) that the provision of section 167(5) of the code was not complied with and; c) that the cognizance was taken beyond the period of limitation as envisaged in section 468 of the Code; On 28.5.1998 at about 11.30 p.m. Dipak das had been to the Courtyard of his house to response nature's call and a snake bite his left leg. Around 11.15 p.m. he was taken to emergency department of Kharagpur State General Hospital. Dr. Kunal Sanyal who was attending Doctor of emergency patient at that particular time attended him then and there and had provided him with medical treatment. He tied up the left leg of Dipak at three places with bandages and directed the nurse Rachana Pathak not to remove the bandage so tied up by him. He left the emergency room thereafter as the condition the patient was improving. One Nilima Ghosh and Rachana Pathak, Nurse, however, removed the bandages and left the room. The condition of the patient, Dipak Das deteriorated. The patient party had been to the Dr. Sanyal and the Nurse Rachana Pathak and requested them to attend the patient then and there. But none of them paid any heed to their request. On 29.5.1998 at 01.25 a.m. Dipak Das died. It was alleged that death of Dipak Das was caused due to rush and negligent act or omission of Dr. Sanyal, the Nurse Rachana Pathak and one Nilima Ghosh. The case was investigated into and ended in a charge-sheet against Dr. Sanyal, Nilima Ghosh and the Nurse Rachana Pathak under section 304A/34 of the IPC. The accused Dr. Sanyal has come up with this application praying for quashing of the proceeding on the grounds already mentioned.
(2.) Mr. Sekhar Basu, the learned Counsel appearing on behalf of the petitioner Dr. Sanyal contended that there was no rush and negligent act on the part of Dr. Sanyal, the petitioner which caused death of Dipak Das as alleged. He contended further that there is no medical negligence also on his part as it appears from the FIR. He has drawn attention of the Court to the FIR and contended that it is stated clearly in the FIR that Dr. Sanyal while in Emergency duty had not only taken proper care of Dipak Das but also provided necessary medical treatment and issued specific directions to the attending Nurse i.e. Rachana Pathak. He also contended that the bandages tied up by Dr. Sanyal on the left leg of Dipak Das were not supposed to be removed as per direction given by him. But, according to the FIR, one Nilima Ghosh and the Nurse Rachana Pathak removed those bandages. Therefore, he contended, all the aspersions and allegations relating to the death of Dipak Das are directed against Nilima Ghosh and Nurse Rachana Pathak and not attributed to the petitioner Dr. Sanyal. Mr. Bose has taken this Court to the annexures to the petition i.e. the Bed Head Tickets of Dipak Das. He contended that the Bed Head Tickets and entries therein altogether unquestionably establishes that Dipak Das was attended by Dr. Sanyal on 29.5.1998 at different point of times before he died. According to the entries in the Bed Head Tickets the patient was admitted at 11.25 p.m. on 28.5.1998 and he was provided with medical treatment then and there by Dr. Sanyal. On the next date i.e. 29.5.1998 he was attended by Dr. Sanyal at 12.15 a.m., 12.20 a.m., 12.35 a.m., 12.55 a.m. and 1.10 a.m. Therefore, Dr. Sanyal is no way can be held, even prima facie on the charge of medical negligence and thereby causing death of human being attracting the provisions of section 304A of IPC.
(3.) Mr. Satpathi, learned Counsel for the private opposite party and Ms. Rituparna De, the learned Counsel appearing for the opposite party/State contended that what Mr. Basu submitted is related to first episode of the incident. The second episode discloses that Dr. Sanyal, being a Medical Practitioner attached to Kharagapur State General Hospital, refused and negligent to attend a patient during the period of his official duties. Had the Dr. Sanyal visited the patient as soon as he was reported about the condition, the patient Dipak Das would not have died. But, unfortunately, Dr. Sanyal did not pay any heed to the request of the patient party and attended the patient at crisis period and, thereby, committed the offence of willful negligent/omission act causing death of the Dipak Das.;