JUDGMENT

Mukul Mudgal, J.— This writ petition was filed in this Court with the following prayers:

“(a) Allow the petition and thereby issue writ order or directions in the nature of mandamus or any other appropriate writ commanding the respondents to hand over investigation of the case, FIR No. 245/2004 under Section 304A, 34 IPC P.S. Roop Nagar to CBI or any other independent investigating agency for investigation of the case and further to investigate the conduct of police officials,

(b) quash the report of gynaecologist body constituted by Govt. of NCT of Delhi vide letter No. F342/87/2004 H & FW,

(c) constitute a new medical board by and under monitoring of this Hon’ble Court,

(d) convert the case from 304A to 304 IPC on the basis of the complaint,

(e) summon the case diary of investigation recorded under section 172 Cr.P.C.,

(f) to deliver the copy of the report of gynaecologist body and other relevant papers to the petitioners,

(g) summon the papers from Apollo Hospital pertaining to admission and treatment of the petitioners’ deceased mother,

(h) samples of the uterus to be sent for fresh examination,

(i) appropriate legal proceedings may be initiated against ACP Rajan Bhagat and other guilty officers for intimidation and creating obstruction in administration of justice by delaying the registration of FIR and investigation thereof,

(j) a copy of videography tapes, still photographs of the post-mortem of the petitioners’ deceased mother may also be given to the petitioner.”

2. The brief facts of the case as stated by the petitioner are as follows:

(i) The petitioners are the minor daughter and son of the deceased Seema Sinha, who is alleged to have been died at the hands of Dr. Gauri as a result of acts done by her and her husband Dr. Chandra Prakash.

(ii) The deceased Seema Sinha, who was pregnant at the relevant time, was undergoing periodic checkups at Dr. Gauri’s Hospital. On 27th July, 2004 also, the petitioners’ mother visited the said hospital along with her husband and relatives for routine check up. She was asked to be admitted in the hospital by Dr. Gauri though the expected date of delivery was 9 days away.

(iii) Subsequently, on 27th July, 2004, the patient gave birth to a girl child i.e. petitioner No.1 through normal delivery and she was shifted to the ward from OT. Since the condition of the patient Seema was deteriorating even after shifting to the ward and she was bleeding profusely, the doctors asked the husband and relatives of Seema to make arrangement of blood and plasma for the patient. On demand of the doctors, the relatives of Seema arranged blood and plasma for her.

(iv) However, there was no improvement in the condition of Seema. On 27th July, 2004 itself, Dr. Gauri told that uterus of Seema had ruptured and had to be removed. The husband of the patient Seema was made to sign certain papers some of which were blank and unfilled.

(v) Consequently, uteres of Seema was removed by the doctors. It is the case of the petitioners that the doctors removed the uterus of Seema without obtaining consent of the husband and other relatives of Seema and played fraud on them after obtaining their signatures on blank papers.

(vi) Observing that the condition of Seema was not improving, she was taken to Apollo Hospital on the same day by her husband and relatives, where they were told that Seema had expired.

(vii) Thereafter, on 28.7.2004, the husband of deceased Seema made a complaint to the SHO, Roop Nagar but no FIR was registered by the police on the basis of the same on the ground that the post-mortem of the deceased body was yet to be conducted.

(viii) On 29.7.2004, the post-mortem of deceased Seema was conducted at Subji Mandi Mortuary. Report of the said post-mortem was received on 30.7.2004, on the basis of which a case vide FIR No. 254/2004 under Sections 304A/34 IPC was registered at Police Station Roop Nagar.

(ix) During the course of investigation, the Investigating Officer of the