VINOD K.SHARMA,J - (1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved for quashing of FIR No. 185 dated 10.6.2001 registered under section 304-A of the Indian Penal Code, at Police Station Civil Lines, Karnal along with all subsequent proceedings arising therefrom.
(2.) LEARNED counsel for the petitioner seeks quashing on the plea that the allegations levelled in the FIR, if taken on their face value, do not make out any offence triable against the petitioner. The FIR registered against the petitioner reads as under :- "It is submitted that I, Narain Dass son of Shri Ram Chander, resident of 123-R, Model Town, Karnal, do cultivation in Village Gheer. I had three sons, the eldest of whom Sandeep Kumar Raheja was running Electronics B.P.L. Show Room at Kunjpura Road, Karnal. Second son Ashwani Kumar, an S.D.O. in the Electricity Board, is posted at Karnal. Third son Vikram resides in America. My eldest son Sandeep aged 40 years was suffering from Gall Bladder Stone. On 8.6.2001 at 8.00 A.M., I had got my son Sandeep Kumar admitted in Dr. Parveen Garg's hospital, Jarnaily Colony, Karnal. The doctor had allotted us Room No. 11 in his Hospital. At about 3.00 p.m. on the same day, Dr. Parveen Garg had operated upon my son by Laproscopy. After two/three hours, my son Sandeep Kumar gained consciousness. At about 9.30 p.m., my son suddenly felt severe cold and he started shivering. At that time, my son Ashwani was present alone with me. In my presence, he informed the Compounder on duty to call the doctor. My son was having his mobile phone set No. 98120-98333. With this phone, contact was oracle on Dr. Parveen Garg's mobile telephone No. 981202- 0053 and information was given about the condition. On this phone, the doctor tallied to his Compounder and my presence and in the presence of my son, he gave direction on telephone itself for administering injections. At this, the Compounder administered injections told by the doctor. But the condition of my son deteriorated further. In my presence, my son Ashwani Kumar three/four times made phone calls from his mobile set to Dr. Parveen Garg and asked him to reach immediately but he did not come and he asked his Compounder only on the phone to administer injections. He administered two more injections. My Son had become unconscious. The doctor came after about two hours. Despite our repeated calling, Dr. Parveen Garg knowingly did not come with the intention of killing my son whereas he knew that by his not going my son would die. When Dr. Parveen Garg came after two hours, he asked to remove the patient to a big hospital at Delhi. At this, I and my son Ashwani Kumar took my son Sandeep Kumar to Apollo Hospital where he was declared dead. The death of my son Sandeep Kumar has taken place due to intentionally not giving of timely treatment by Dr. Parveen Garg, as it was well in the knowledge of Dr. Parveen Garg that if cold after the operation was not treated, the death of the patient could take place. On account of compulsion by the brotherhood, I had performed the cremation of my son on 9.6.2001. But I am sure that the death has taken place due to intentionally not giving of timely treatment to my son by Dr. Parveen Garg. Action may please be taken against Dr. Parveen Garg. " The contention of the learned counsel for the petitioner is that the petitioner has successfully operated the deceased and the death had occurred due to post operation complications.
(3.) IT is also the contention of the learned counsel for the petitioner that the complainant has intentionally concealed the material facts as the death had occurred not on account of negligence of the petitioner as would be clear from the report of Apollo Hospital.;