- (1.) In this Revisional application, the petitioner has prayed for quashing of the criminal proceedings arising out of the Charge Sheet submitted in Coochbehar P.S. Case No. 19 of 2013 dated 09.01.2013, corresponding to G.R. Case No. 25 of 2013 pending in the Court of the Ld. Additional Chief Judicial Magistrate Coochbehar, U/S 304-A of the IPC.
(2.) The FIR against the petitioner was lodged by one Smt. Priyanka Dasgupta in which she had alleged that her father Late Sandip Dasgupta had died on account of the callous and negligent conduct of the petitioner who is a practicing Doctor in Coochbehar and runs a Nursing Home there under the name and style of "Shila Nursing Home" The translated text of the original FIR on the basis of which the investigation was started and the charge sheet ultimately submitted happens to be - "To The I.C. Kotwali P.S. Coochbehar Dated: The 3rd December, 2012 Sir, I humbly submit that I Priyanka Dasgupta, daughter of late Sandip Dasgupta (Nayan), resident of Magazine Road, Extension, Coochbehar on this day being present in Kotwali Police Station and making statement to the effect that on 26th September, at about 7.30 p.m. my father Sandip Dasgupta having fallen ill suddenly, my mother Bandana Dasgupta, and my elder brother Prasanjit Dasgupta immediately took my ailing father to Shila Nursing Home at Coochbehar owned by Dr. Subhas Chandra Saha. After reaching, there being no R.M.O. or Doctor and the Nurse who were there being requested a Doctor came after sometime. When the Doctor was told about the patient the doctor wanted to know what was the name of the patient what was he? Then my father told his name and told him that he was an employee of Coochbehar Municipality. Hearing this the Doctor told that the owner of the said Nursing Home Subhas Chandra Saha had told that without his permission no employee of Coochbehar Municipality could be treated in this Nursing home. Then we said that the patient was having breathing trouble and requested him to call Dr. Subhas Babu but the said Doctor told us that Sir was at his chamber in Guriahati Road and he would not come before 11-11.30 p.m. My elder brother requested Subhas Babu to come over phone and told him that the patient was having severe breathing trouble. In reply Subhas babu said whatever my happen to the patient he would not visit nursing home before 11/11.30 p.m. and he would not be able to come. Then on the advice of the Nursing Home staff we took the patient to the chamber of Subhas babu in that condition. After seeing the patient he said that the condition of the patient was very serious and asked us to take him to the Nursing Home immediately and he told that he would recommend for admission and he also would go. Immediately we brought our father to Shila Nursing Home again and requested to start treatment and the patient himself said that he was having severe breathing trouble and the patient further said that he be given oxygen. Dr. Subhas babu did not come to the nursing home and the R.M.O. who was present also started dillydallying and killing time for treatment to the patient. After spending sometime in this way at about 8.30 a.m. my father all on a sudden became silent after writhing in trouble. When the staff of the Nursing Home informed Subhas Babu, he came after 15/20 minutes and on examining the patient declared him dead and he issued a Death Certificate wherein the cause of death was stated, "Death probably due to myocardial fraction. Dr. Subhas Saha intentionally had behaved in this way with the patient and after examining the patient in his chamber at Guriahati he had realized that the condition of the patient was very serious and delay in treatment may cause his death. Subhas Babu did not provide any treatment to him and the Doctor who was on duty in the Nursing Home refrained from providing any treatment and they have killed my father. As I and all the members of our family became mentally upset because of the death of father, so there has been delay in making the complaint. Sir it is my request to you kindly take proper legal steps against Dr. Subhas Chandra Saha and the R.M.O. on duty for killing my father Submission end Fini. Priyanka Dasgupta"
(3.) The contention raised on behalf of the petitioner in this regard is that there is no material to establish any act of criminal negligence on his part for sustaining the Charge Sheet, in view of the settled legal position on the basis of various earlier judicial pronouncements, and therefore the proceedings are liable to be quashed.;