JUDGMENT :

1. Leave granted.

2. The present appeals arise from the judgment and order of the High Court¹[Vide judgment and order dated 16.05.2023 in C.R.R. No. 967 of 2021 with CRAN No. 1 of 2021.], setting aside the summoning order passed by the Judicial Magistrate²[Vide order dated 11.03.2021 in Complaint Case No. C-533 of 2021] and remanding the matter for reconsideration, especially regarding complicity of first appellant, a corporate entity running the co-accused hospital, and the third appellant, being the Chairman, both of whom are in a separate territorial jurisdiction than the Magistrate. The main issue is whether the allegations contained in the complaint prima facie disclose commission of a criminal offence or not.

3. The facts relevant for our consideration are as follows. The present proceedings arise out of a complaint filed by the second respondent (“complainant”) in relation to the medical treatment of his mother, Smt. Bina Sen, who was admitted to Narayana Multispecialty Hospital, Barasat, Kolkata, on 13.02.2021 for treatment of her fractured right femur bone. She underwent a successful surgery on 15.02.2021 and remained admitted until her discharge on 19.02.2021. Upo