The main legal point established in the judgment is the requirement for a prima facie case of medical negligence before initiating criminal proceedings against medical practitioners.

JUDGMENT

Bibek Chaudhuri, J. - The petitioner No.1 and 2 are the companies incorporated under the Companies Act having their offices at plot No.C-49, Commercial Area, Opposite to ESIC Regional Office, City Centre, Durgapur in the District-Paschim Burdwan, and 139D, Rashbihari Avenue, Ground Floor, Kolkata-700029 respectively.

2. Petitioner No.1 is represented by its Executive Director (Administration) Mr. Prabir Mukherjee (petitioner No.8). Petitioner No.2 company is represented by petitioner No.3 Dr. Arunangshu Ganguly. Petitioners No.4 and 5 are doctors attached to Health World Hospital. Petitioner No.6 and 7 are also office bearers of the said company. Petitioners have approached this Court for quashing of the proceeding in connection with G.R Case No.96 of 2020 arising out of Durgapur Police Station Case No.27 of 2020 dated 15th January, 2020 under Sections 420/467/468/406/409/328/120B of the Indian Penal Code read with Section 34 of the West Bengal Clinical Establishment (Registration, Regulations & Transparency) Act and also under the Citizenship Act and the Foreigners Act presently pending before the Learned Additional Chief Judicial Magistrate at Durgapur.

3. It is pertinent to mention at the outset that opposite party No.2 filed an application under Section 156(3) of the Code of Criminal Procedure on 13th January, 2020 in the court of the learned Additional Chief Judicial Magistrate, Durgapur against the petitioners alleging commission of offence as aforesaid and the learned Magistrate sent the said application to the Jurisdictional Police Station directing the Officer-in-Charge thereof to treat the same as FIR and register a specific case against the accused persons.

4. It is alleged in the petition of complaint that on 7th December, 2019, one Krishna Kumar Gupta was admitted to petitioner No.1/hospital with the history of abdominal pain. The treating doctor advised the patient to undergo USG test of upper abdomen and ECG. On the same day the patient again complained of acute abdominal pain and he was admitted to the petitioner No.1/hospital at about 9 pm. On 9th December, 2019 one ECHO and Droppler test were conducted on the said patient which did not show any abnormality. USG and CT scan of the whole abdomen was also conducted. Meanwhile the patient developed acute Pancreatitis with Chole Cystitis and USG of whole abdomen dated 21st December, 2019 revealed that the patient was suffering from Chole Docholithiasis. Thereafter the patient was taken to Asian Institute of Gastroenterology, Hyderabad for further treatment and he was discharged from the said hospital after medical treatment and recovery. On 10th December, 2019 the opposite party No.2/defacto complainant brought the patient for further check up at the Health World Hospital and consulted Dr. Himangshu Gupta, petitioner No.5. In course of such consultation, the patient was informed that he was suffering from a condition known as Chole cystitis. While returning home from the hospital, the said patient again complained of acute abdominal pain and he was taken to a local doctor at Barakar, who advised the patient for medical admission in a local hospital as the condition of the patient had worsen. Accordingly he was admitted to a local nursing home under the name and style of ASTHA Hospital at Barakar. On 22nd December, 2019 he was discharged from ASTHA Hospital and was referred to Asian Institute at Hyderabad. On 23rd December, 2019 he underwent necessary medical treatment at Hyderabad and was discharged in a stable condition. On 13th January, 2020 the opposite party No.2 filed an application under Section 156(3) of the Cr.P.C alleging, inter alia, that on 7th December, 2019 the above named patient was brought to the emergency department of Health World Hospital at Durgapur by the complainant and other family members. He was admitted to the hospital at about 8 pm in the cardiology unit under the supervision of petitioner No.3 Dr. Arunangshu Ganguly and petitioner