BISHWAJITH BANDOPADYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By way of filing this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing the First Information Report in connection with Ranchi Sadar P.S. Case No. 643 of 2017, corresponding to G.R. No. 6647 of 2017, registered under Section 304-A of the Indian Penal Code.

(2.) In the FIR, it has been inter alia alleged that baby of opposite party No. 2 was not taking food properly, as a result of which, the baby was taken to Dr. Vinod Kumar, pediatrics at Ranchi, who diagnosed that the baby was suffering from cough, cold and fever. Even after some treatment, the baby did not improve. Thus, the baby was taken to another Child Specialist, Dr. Krishna Kumar, but inspite of his treatment, the baby did not improve. The opposite party No. 2 thus concluded that both the doctors could not diagnose properly and the baby was again taken to Dr. Rajesh Kumar, Ranchi, whose treatment was not much help to the baby. Opposite party No. 2 thereafter made one Dr. Shailesh Chandra who advised him to give Nebulization, but the same was also not any help. The baby was admitted in hospital and after x- ray, it was concluded that there is issue with heart and some advanced investigation was necessary. The baby was then referred to Rabindranath Tagore International Institute of Cardiac Sciences, Kolkata, where the baby was treated and discharged on 28.6.2017. Again on 11.8.2017 the baby was not feeding properly and when Doctor of Kolkata i.e. petitioner No. 1 herein advised opposite party No. 2 to meet with doctor at Ranchi. When the opposite party No. 2 refused, the doctor at Kolkata advised them to reach at Kolkata. Thereafter the baby was advised for re-admission in hospital and it was done.

(3.) The petitioner Nos. 1 to 6 are the doctors and petitioner Nos. 7 to 12 are non-medical staff of the hospital of Kolkata and Bangalore.