SIDDHARTHA CHATTOPADHYAY, J. - (1.) Challenging the legal pregnability of the Order dated 30.07.2012 passed by the Judicial Magistrate, 2nd Court Sealdah, South 24 Parganas, the petitioner -complainant has filed this revisional application under Section 401/482 of the Cr.P.C. read with Article 227 of the Constitution of India.
(2.) Grievance as ventilated by the applicant in this application is such that his brother S.N.Thakur died in Apollo Gleneagles Hospital due to medical negligence. In the interest of effective adjudication factual aspects needs to be revisited. The case of the defacto complainant in a capsulated form is such that his brother S.N.Thakur since deceased was admitted in Apollo Gleneagles Hospital on 07.04.2012 at 11:15 p.m. with complaints of multiple black patches on skin and bleeding from mouth. The victim patient was immediately taken to the emergency ward, where the doctor in -charge -of emergency department being assisted by a supervising nurse made an initial observation which revealed that the patient was suffering from ecchymotic patches and bleeding from oral cavity. That deceased was accompanied by one Dr. Abhijit Sarkar, who is the doctor of Employer Company. At the time of his admission in Apollo Gleneagles Hospital, the deceased was having a blood report which speaks: - 1. Platelet count - 17000/cmm 2. Neutrophil - 6% 3. Blast cell - 34% 4. RBC Morphology - Normocytic and Hypochromic
(3.) Condition of deceased patient was highly alarming and the doctor on duty had made a diagnosis that he was suffering from Chronic Myeloid Leukaemia and for immediate management they have administered injection Raciper and Zofar as the patient complained of nausea and vomiting.;