- (1.) THIS writ petition has been preferred by petitioner to set aside the order dated 24th January, 2004 passed by Sri V.K. Tiwari, Judicial Magistrate, 1st Class, Ranchi in Comp. Case No. 665 of 2002 instituted under Sections 304/34, 386 and 120 -B, IPC, whereby and whereunder the learned Magistrate has been pleased to reject the prayer made on behalf of the petitioner in her petition under Section 205, Cr PC for exemption from her personal appearance and to allow her to be represented through her lawyer during the trial.
(2.) THE case of the petitioner is that she is a very prominent and renowned Gynecologist and Surgeon of Ranchi with over 30 years experience. She was also holding a high Government post as Head of the Department of Obstetrics and Gynecologist of RIMS (earlier RMCH). She has also practice in private and other hospitals, such as Bharati Hospital situated at Kokar, Ranchi and several other hospitals at Ranchi where she visits. It is stated that the complainant filed the complaint case impleading her and three other doctors and two nurses as accused persons alleging that the deceased, Usha Devi was his legally married wife and gave birth to two children on 18th June, 2002 after cesarean operation by the petitioner but due to certain delay, complication took place and for that child was taken out by operation. The wife of the complainant alleged to have been kept thereafter inside the operation theater on the pretext that she will regain senses. But later on, in the night, the complainant could come to know that wife was in coma whereafter she was taken to Appolo Hospital by the petitioner with the nurse The Doctors of Appolo Hospital refused to admit the patient as the wife had died in the meantime. Counsel for the complainant O.P. No. 2 submitted that the summons has been issued for the first time and petitioner should appear before the Court. She should not file the petition under Section 205, Cr PC at first instance.
(3.) COUNSEL for the complainant O.P. No. 2 has not disputed that the petitioner, who is a busy medical practioner and the Gynecologist, was also associated with various rganization like RIMS, Ranchi.;