- (1.) Heard learned counsel for the petitioner and learned counsel for the State. No one has appeared on behalf of O.P. No. 2.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 190 of 2002, including the order dated 21.08.2002, passed by Shri R. Kumar, learned Judicial Magistrate, 1st class, Bokaro, whereby and whereunder cognizance has been taken for the offence under sections 312/318 of the Indian Penal Code.
(3.) The prosecution story as would appear from the complaint petition is that the complainant had approached Dr. Reeta Mishra in connection with the treatment of his wife, who was pregnant. It has been stated that after examination, she was referred to St. Paul Clinic, which belongs to the petitioner. It has been alleged that the wife of the complainant was admitted in the clinic on 26.2.2002 and on 27.2.2002 at about 12 P.M. she was operated upon without taking consent of the complainant. It has been stated thereafter that the signature of the complainant was forcibly taken and the doctors had told him that the new born male baby had died, as he was born prematurely. Thereafter, it has been alleged that on 27.2.2002, the complainant came to know that the baby is still alive and on persuasion by his family members, they forcibly took the newly born baby to Bokaro General Hospital for treatment, where he died. The complainant has lastly alleged that no discharge slip was given to him and ultimately on creating a political pressure on 7.3.2002, the discharge slip was given to him.;