H.C.MISHRA,J. - (1.) HEARD learned counsel for the petitioners learned counsel for the State as also learned counsel for the complainant opposite party No.2.
(2.) THE petitioners are aggrieved by the order dated 28.2.2004 passed by Sri S.S. Yadav. learned Judicial Magistrate 1st Class. Dhanbad in C.P. No. 06 of 2003, whereby the application filed by the petitioners for dropping the criminal proceedings against them for the offences under Sections 304 -A and 201 of the Indian Penal Code. has been rejected by the Court below. The facts of this case lie in a short compass. A complaint petition was filed by the complainant Sri Ram Yadav alleging that the nephew of the informant, namely, Sailesh Kumar was suffering from Tonsillitis and the complainant accompanied with his nephew Sailesh Kumar went to Central Hospital. Dhanbad and consulted the E.N.T. Specialist, Dr. A.K. Chourasia the petitioner No.1, who advised a minor surgical operation of the' complainant's nephew. It is alleged in the complaint petition that the petitioner No.1 demanded Rs.2,000/ - towards his fees, but he agreed for performing the operation for Rs.500/ - instead even though the complainant's nephew was entitled to free treatment. It is alleged that on 19.11.2002 the surgical operation was performed, but subsequently the complainant learnt that the patient had been shifted to I.C.U. of the hospital. The complainant rushed towards the I.C.U. where he overheard the conversation between the petitioners No.1. Dr. Ashok Kumar Chourasia and petitioner No.2. Dr. Upendra Naravan Sinha, wherein Dr. Ashok Kumar Chourasia was accusing Dr. Upendra Narayan Sinha for faulty administration of anesthesia, whereas Dr. Upendra Narayan Sinha was accusing Dr. Ashok Chourasia that there was gross carelessness during operation on the part of Dr. Ashok Kumar Chaourasia. They however, became mum seeing the complainant and began telling that such situation happens after minor operations and the patient would be alright within 72 hours. The patient was unconscious till afternoon of 22.11.2002 and the complainant attempted to contact Dr. Ashok Kumar Chourasia and Dr. Upendra Narayan Sinha. but found both the petitioners missing from the hospital and as such, the complaint contacted Dr. R.L. Prasad, C.M.S. Central Hospital, who informed the complainant that the problem had developed at the operation table itself and there is not much that could be done except praying the God. Ultimately, the patient died on 23.11.2002 at about 10:30 p.m. and he was declared to dead due to C.R. Failure.
(3.) FURTHER alleging that the Complainant in order to collect use documents pertaining to the treatment of his nephew Sailesh Kumar went to Central Hospital on 26.11.2002. but he could know that the efforts had been made by the accused persons to remove the evidence against them the complaint petition was filed against the petitioners for the offences under Sections 304 -A and 201 of the Indian Penal Code on 3.1.2003 in the Court of the Chief Judicial Magistrate. Dhanbad which was registered as C.P. No. 6/2003.;