BISHWAJITH BANDOPADYAY AND OTHERS Vs. STATE OF JHARKHAND AND ANR
LAWS(JHAR)-2019-1-36
HIGH COURT OF JHARKHAND
Decided on January 10,2019

Bishwajith Bandopadyay And Others Appellant
VERSUS
State Of Jharkhand And Anr Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) By an order dated 10.04.2018 a coordinate Bench of this Court has passed the following order : "It has been submitted by the learned senior counsel or the petitioners that pursuant to a complaint made, enquiry was conducted by the Government of Karnataka and it was opined therein that a baby-Aashvi was admitted in a critical medical condition for expert management and the treatment was provided as per Medical Management Protocol. It has further been submitted that Karnataka Medical Council had also conducted an enquiry and was of the opinion that in view of the explanation submitted by the accused, there was no need for registration of a complaint. It has also been submitted that institution of a complaint is in direct conflict with the judgment rendered in the case of Jacob Mathew Vs. State of Punjab and others reported in, 2005 6 SCC 1 para 52. Issue notice to O.P. No. 2 as to why this application be not admitted and/or disposed of at the stage of admission itself, for which requisites etc. under registered cover with A/D as well as by ordinary process must be filed by 17th April, 2018. List this case after appearance of O.P. No. 2 under the heading "For Admission". Until further orders, there shall be no coercive steps against the petitioner in connection with Sadar P.S. Case No. 643 of 2017, G.R. Case No. 6647 of 2017, pending in the court of learned Judicial Magistrate, 1st class, Ranchi."
(2.) On instructions, Mr. Rajiv Ranjan, the learned Senior counsel for the petitioners states that the case is still at the investigation stage.
(3.) On the Court's query, Mr. Vikash Gupta, who is complainant and arrayed as O.P. No. 2 in the present proceeding affirms the same.;


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