DR. SOUMYA BHATTACHARYA Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-2-316
HIGH COURT OF CALCUTTA
Decided on February 10,2012

Dr. Soumya Bhattacharya Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this WP under Article 226 dated January 31, 2012 is questioning the validity and legality of a report dated July 7, 2011 (at p.42) submitted by a committee of enquiry to the Directorate of Medical Education, Government of West Bengal.
(2.) One Dr. S.K. Thakur lodged a complaint with the officer in charge of Phoolbagan police station in Kolkata that for serious medical negligence amounting to commission of offence on the part of Apollo Gleneagles Hospital Limited, its doctors and certain members of the staff, his brother, S.N. Thakur, died. On the basis of the complaint the police station registered an FIR No. 101 dated April 12, 2010 for commission of offences under sections 304(II)/468/471/34 IPC. The petitioner is one of the accused named in the FIR.
(3.) On April 17, 2010 the investigating officer filed an application before the ACJM, Sealdah praying for permission and order to retain the seized documents in the case diary and to send them to expert for necessary examination report for the purpose of investigation of the case. By an order dated April 19, 2010 the ACJM granted the permission as prayed for.;


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