Indrajit Chatterjee, J. - (1.) This Court is hearing two revisional applications, one filed by Dr. Krishnendu Das (in CRR No. 1603 of 2009) and the other filed by Dr. Debasish Mukherjee and Dr. Debasish Chatterjee jointly, registered as CRR No. 3962 of 2009 as both these criminal revisional applications arose out of Shyampukur P.S. Case No. 171 dated 31-11-2005 under Section 304A of the Indian Penal Code (hereinafter called as the said Code) which is now pending before the learned Metropolitan Magistrate, 15th Court, Kolkata, as G.R. Case No. 1387 of 2005. Both these CRRs are taken up together.
(2.) The fact relevant for the purpose of disposal of these criminal revisional applications can be stated in brief thus: That the daughter of the de facto complainant was admitted at Sterling Hospital, a Private Treatment Centre at about 10-20 p.m. on 28-09- 20105. She (Anushila Bose) aged 5 years was declared dead on 29-09-2005 in the said Private Treatment Centre. After her death, a complaint was lodged with Shyampukur Police Station by the father of the victim on 13-11- 2005 and the said Police Case was started with an explanation that as he was mentally perturbed in the intervening days he could not lodge the complainant earlier.
(3.) In the complaint it was written that since the night of 25-09-2005, the said victim was suffering from fever and the de facto complainant attended one Malaria Clinic on the next date (26-09-2005) run by Kolkata Municipal Corporation for detection of Malaria of the said daughter of the de facto complainant. After examination of her blood the germs of Malaria could not be detected. The Platelet count of the said daughter was checked from one Laboratory called as Madipath where the Platelet count was 2.35 Lakh/Cu.m.m.;