SANJEEV PRAKASH SHARMA,J. - (1.) By way of this revision petition, the petitioner who is serving as Doctor with the State Government, has challenged the order passed by learned Magistrate, by which the learned Magistrate has taken cognizance of offence under Section 304A IPC against the petitioner inspite of the State 5 having refused to grant prosecution sanction.
(2.) The cognizance has been taken for having caused death by committing medical negligence in treating a patient who happened to be a retired Director General of Police, vide order dated 10.05.2003.
(3.) Counsel for the petitioner submits that the petitioner was holding the post of Head of the Cardiology Department in S.M.S. Medical College since July, 1995. He is possessing qualification of D.M. in Cardiology. It is his case that the deceased patient who was a retired police officer, was already under his treatment for several years. The patient was suffering from severe diabities, acute hypertension, advance heart disease, hyper lepedema, single 15 function kidney and kidney dis-function. The petitioner had provided best possible treatment to the patient Shri Kalia and his unit members Dr. Rajiv Bagerhatta, Dr. Vijai Pathak and Dr. Arvind Sharma were closely monitoring his health. On 10.08.1999 the said patient complained of breathlessness and the petitioner immediately attended him and passed appropriate instructions 20 to Dr. Bagerhatta, and Dr. Vijay Pathak. Despite best possible treatment, patient expired on the very date. On this accord, complaint was preferred to the Chief Minister by the son of the deceased patient and one I.A.S. Officer was appointed to conduct the enquiry.;