Dhirubhai Naranbhai Patel, J. - (1.) This petition has been preferred for quashing of the First Information Report (FIR) bearing Doranda P.S. Case No. 623 of 2015 dated 20th October, 2015 registered under Sec. 386/387/420/269 and under Sec. 304 A of I.P.C. (This Sec. 304 A has been added vide order dated 23rd October, 2015 by the order passed by the learned SDJM, Ranchi), for quashing of the Order dated 29th October, 2015 passed by the learned Sub Divisional Judicial Magistrate, Ranchi issuing warrant of arrest under Sec. 73 Cr.P.C. as well as for quashing of the Process under Sec. 82 of the Code of Criminal Procedure issued by the Sub Divisional Judicial Magistrate, Ranchi dated 23rd November, 2015, which was pasted on the premises of this petitioner on 26th November, 2015. Factual Matrix
(2.) Informant Shri Ashwini Kumar has stated in his complaint before the Officer -in -Charge, Doranda Police Station that his wife Dr. Nivedita has given birth to a female child in Laxmi Nursing Home, Hinu, Ranchi on 15th October, 2015 at 3.21 P.M. through operation by Dr. Laxmi Choudhary. Dr. Laxmi Choudhary declared the child to be healthy at the time of birth. Thereafter, at about 11 p.m. on the same day, the child became a bit sick. Dr. Laxmi Chowdhary was informed and the Doctor called another doctor, who is the present petitioner -Dr. Rakesh Kumar. Dr. Rakesh Kumar conveyed that the child should be admitted to his hospital 'Vatsalya Shishu Grih'. Thereafter, the child was admitted to 'Vatsalya Shishu Grih' owned by Dr. Rakesh Kumar. It further appears from the complaint that Rs. 20,000/ - was directed to be deposited by Dr. Rakesh Kumar as thereafter only treatment will be started. As per the complaint, Rs. 10,000/ - was deposited, but, the petitioner -Dr. Rakesh Kumar refused to treat the baby. Again it is conveyed that unless Rs. 20,000/ - was deposited the treatment will not be started. It has been further stated by the informant that after a lot of persuasion Dr. Rakesh Kumar was ready to treat the new born baby after payment of Rs. 10,000/ -, but, already much time was wasted. Thereafter, every day money was demanded by the petitioner -Dr. Rakesh Kumar and informant was constantly told that the health of the child was improving. Thereafter, on 19th October, 2015 at 8 p.m. Rs. 10,000/ - was demanded, which was deposited by 10 p.m. and thereafter, at night (12 a.m.) it was informed by Dr. Rakesh Kumar that treatment of the new born baby was not possible and she may be shifted to 'Rani Children Hospital'. It has been stated by the informant further that when they asked for the papers relating to treatment, Dr. Rakesh Kumar refused to give the same, unless Rs. 15,000/ - is being paid and thereafter, the baby was admitted to 'Rani Children Hospital', where she expired.
(3.) Golden thread running throughout the complaint is to the effect that Dr. Rakesh Kumar was cheating and extorting money by putting a person in fear of death or in the fear of grievous hurt and dishonestly inducing a person to deliver the amount and was negligent enough not to give timely treatment to the new born baby unless the amount asked by him is paid by the informant and thereby has caused death of the new born baby by negligence. This has resulted into several offences under the I.P.C. especially under Sec. 386/387/420/269 and 304 A of the I.P.C. Sec. 304 A was added by the order of the Sub Divisional Judicial Magistrate, Ranchi vide order dated 23rd October, 2015. F.I.R. was registered at Doranda Police Station, Doranda on 20th October, 2015 and on 23rh October, 2015 when police reached at the residence of this petitioner he was not available. Again on 26th October, 2015 police has gone to the residence of this applicant, but, he was not available. Thereafter, on 29th October, 2015 again the police went to the residence of this applicant for investigation, but, he was not available. Necessary notice was also issued under Sec. 41A(1) of the Code of Criminal Procedure on 22nd October, 2015 and ultimately, an order was passed by the competent trial court under Sec. 73 of Cr.P.C. on 29th October, 2015, issuing warrant of arrest. It further appears that police had reached at the residence of this applicant again on 29th October, 2015 at 22:10 hours, but, Dr. Rakesh Kumar was not available. Thus, warrant of arrest could not be executed upon him which was issued by a competent trial court. It further appears that again on 4.11.2015 the Investigating Officer had gone to the residence of Dr. Rakesh Kumar and he was not available. This process was repeated on 17.11.2015 and Dr. Rakesh was not traceable and ultimately on 23rd November, 2015 order was passed by Sub Divisional Judicial Magistrate, Ranchi under Sec. 82 of the Code of Criminal Procedure declaring this applicant as an absconding accused.;