HARBANS SINGH RAI, J. - (1.) IN this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, the petitioners pray for quashing FIR No. 247 dated October 18, 1988, final report under Section 173 Cr.P.C. charges framed against the petitioners by the Judicial Magistrate Ist Class, Chandigarh, vide his order dated September 21, 1989, and resultant proceedings in the said Court.
(2.) THE petitioners have averred in the petition that on the basis of a written application moved by Shri Bobby Garg son of Dr. A. P. Garg resident of House No. 3429, Sector 24-D, Chandigarh FIR No., No. 247 was registered on October 18, 1988 under Section 304-A, IPC in Police Station West, Union Territory, Chandigarh. The allegations made in the FIR are that on October 5, 1988 is the early hours, the mother of Shri Bobby Garg named Raksha Garg complained. of severe headache upon which Dr. Y. P. Singla was called who examined his mother and gave her the necessary medicines. The sad doctor told Bobby Garg and his father that there was nothing to worry Therefore, Bobby Garg left for his college while his father left for his office. When they came to house to take their lunch, they came to know that there was no relief in the headache of Raksha Garg. Then they called Dr. P.K. Kansal of General Hospital who after examining Raksha Garg suggested that she should be got admitted in the hospital. Acting upon his suggestion, they got Raksha Garg admitted in the hospital. There Dr. P.K. Kansal, Dr. J.P. Singh and Dr. S.K. Bhandari after examining Raksha Garg referred her to P.G.I. for Cat Scanning and she was brought to the P.G.I. According to Bobby Garg, his mother was admitted in the P.G.I. in the emergency ward but the Post Graduate Institute authorities took no concrete steps and the condition of his mother started deteriorating. In the meanwhile his father alongwith Dr. P.K. Kansal, Dr. J.P. Singh and Dr. Y.P. Singla also reached there. Bobby Garg appraised them that the condition of Raksha Garg was deteriorating and the doctors were not properly attending to her. On this, Dr. P.K. Kansal, repeatedly requested the doctor on duty named Dr. Muralidharan to call the senior consultant but the said doctor did not pay any heed to him nor did he pay his attention to the condition of Raksha Garg. Bobby Garg further alleged that Dr. Mistri, also did not call the Senior consultant doctor and after a considerable delay the said doctor extracted some fluid like water from the spine and his mother became unconscious.
(3.) DURING the night at about 3.00 A.M. his mother started breathing with difficulty. Bobby Garg ran to the doctor on duty but the doctor sent him back with a promise to follow him to treat Raksha Garg. When Bobby Garg reached near the bed of his mother, he found that his mother had already expired. Till that time neither the doctor on duty nor the senior consultant doctor whose name he subsequently learnt to be Dr. Harinder Singh Malhotra had reached there. Thus, Bobby Garg alleged that his mother had died on account of intentional and gross negligence of above mentioned doctors.;