PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this misc. petition under section 482 of Cr.P.C., 1973 against the order dated 11.11.2016 passed by Addl. Sessions Judge No. 4, Udapur, in Criminal Revision No. 4/2014 (CIS No. 621/2014) whereby she has dismissed the revision and affirmed the order dated 03.02.2014 passed by Additional Chief Judicial Magistrate No. 1, Udaipur in regular Criminal case No. 234/2011 whereby he has rejected the application filed by the petitioner under section 197 of Cr.P.C., 1973
(2.) The petitioner is a professor Doctor surgeon. The complainant filed a complaint before the court of learned Judicial Magistrate (North) Udaipur, which was forwarded under section 156(3) of Cr.P.C., 1973 for investigation to the police. In the complaint, the allegation was a lemon size tumour on the hand of the complainant, therefore, she visited in Maharana Bhupal Government Hospital Udaipur on 20.09.2006 and she was admitted to the surgical unit in Ward No. 13-C and operation was undertaken on 22.09.2006 which was conducted by the petitioner. The complainant lost her sensation and the reason for the lost of sensation was explained to her as one nerve having been cut. The allegations included assurance by the doctor that the sensation shall be regained. Since, the complainant did not gain sensation, she visited GBN American Hospital, Udaipur on 18.12.2006 wherein EMG-NC test was conducted. Thereafter, she undertook further treatment by various specialist in various speciality hospitals. The negligence was asserted by the complainant and while exercising the powers under section 156 (3) of Cr.P.C., 1973 the matter was sent to the SHO Police Station Hathipolie, Udaipur for investigation, who registered FIR No. 188/2007 on 04.11.2007.
(3.) At the outset, learned counsel for the petitioner has submitted that the petitioner was Government Doctor and surgeon and therefore, he was discharging his public duties as a Doctor by making such surgery in Government Hospital, Udaipur. Learned counsel for the petitioner shows us the order passed by the Government of Rajasthan on 21.01.2016, whereby a detail consideration has been made pertaining to granting of sanction under section 197 of Cr.P.C., 1973;