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2018 Supreme(Raj) 799
IN THE HIGH COURT OF JUDICATURE AT RAJASTHAN BENCH AT JAIPUR
Kanwaljit Singh Ahluwalia, J.
Shyam Sunder Agarwal – Appellant
Vs.
State of Rajasthan – Respondent
Criminal Miscellaneous (Petition) No. 4858 of 2017
Decided On : 02-07-2018
For the Petitioner:Hans Kumar Sharma, Advocate
For the Respondent:N.S. Dhakad, PP. and AK Gupta with Ashutosh Bhatia, Advocates
Headnote:
Criminal Procedure Code, 1973 – Section 172 and 482 – Penal Code, 1860 – Section 304A – Praying direction issued to court below to reject Final Report – Petitioner contain averments of petitioner to allege that son of petitioner had died because of negligence on part of doctors in treating son of petitioner – Whether any medical negligence on part of treating doctors falling within ambit of Section 304-A IPC or not – Held, First two prayers of the petitioners stand disposed of by holding that neither this Court can reject Final Report in negative form which is pending before concerned Magistrate nor it is appropriate to transfer the investigation to CBI or Special Operation Group – Directions issued – Petition disposed of – (Paras: 9 to 11 )
Facts of the case:
Praying direction issued to court below to reject Final Report – Petitioner contain averments of petitioner to allege that son of petitioner had died because of negligence on part of doctors in treating son of petitioner – Whether any medical negligence on part of treating doctors falling within ambit of Section 304-A IPC or not.
Findings of the court:
First two prayers of the petitioners stand disposed of by holding that neither this Court can reject Final Report in negative form which is pending before concerned Magistrate nor it is appropriate to transfer the investigation to CBI or Special Operation Group – Directions issued.
Result: Petition disposed of
Kanwaljit Singh Ahluwalia, J.
The present petition has been filed under Section 482 Cr.P.C., 1973 praying that a direction be issued to the court below to reject Final Report in negative form bearing No. 94/2017 dated 28.6.2017 presented in case FIR No. 140/2017 registered at Police Station Gandhi Nagar, Jaipur (East). A further prayer has been made that the investigation of above case FIR be handed over to Central Bureau of Investigation in alternative to Special Operation Group, Rajasthan and furthermore, a direction be given to the Home Secretary of State of Rajasthan to upload the case diary of criminal case on the website of the police and thus, a prayer has been made that a case diary of every criminal case should be displayed online.
2. Briefly stated, son of petitioner was a student of Class VIII at St. Xavier School, Nevta, Jaipur. The case of the petitioner is that due to pain in the heart, son of the petitioner was taken to Sanjeevani Hospital, Jaipur then to J.K. Lone Hospital, Jaipur and finally to Santokba Durlabhji Memorial Hospital, Jaipur. It is stated that son of the petitioner was admitted in Intensive Care Unit of Santokba Durlabhji Memorial Hospital, Jaipur and he was being treated by Pediatric Unit headed by Dr. Rajeev Bansal. The petitioner was compelled to arrange for Rs. 40,000 to 50,000/- for treatment of son of the petitioner. The petitioner deposited Rs. 15,000/-. The son of the petitioner was transferred to advance Intensive Care Unit for children as he was having trouble in breathing. Para-6 to Para-8 of the petition, contain averments of the petitioner to allege that son of the petitioner had died because of negligence on the part of doctors in treating the son of the petitioner.
3. Para-6 to 8 of the petition, containing relevant averments reads as under:-
"6. That the complainant found that the Child was tied to the Bed and an adhesive sheet was fixed on his mouth etc. he noticed that the Child was on Bed totally nude which worried the petitioner even more but the Doctor kept mum but demanded more and more money. The petitioner was asked to arrange medicines worth of more than Rs. 15000-16000/- every day.
7. That it was 28.02.2017 the Petitioner was told that the condition of the Child is worsening with every passing day, they are not able to identify the root cause of the condition which antagonized the Petitioner and the Petitioner asked to discharge the Child immediately and to hand him over all the Treatment Papers and it was 28.02.2017, the Petitioner was informed of the death of the only Child of the petitioner.
8. That the Doctors did not allow to see the Body of the Child but asked to deposit Rs. 50,000/- whereon the Petitioner deposited Re. 52649/- on 01.03.2017 only thereafter the Hospital handed over the Dead Body of the Child."
4. The petitioner, thus, lodged FIR No. 140/2017 dated 22.3.2017 at Police Station Gandhi Nagar, Jaipur (East) for offence under Section 304A IPC against doctors of Santokba Durlabhji Memorial Hospital, Jaipur. The above said FIR was investigated and investigating agency vide Annexure-2 submitted a Final Report in negative form bearing No. 94/2017 absolving the doctors of medical negligence. The investigating agency after thorough investigation concluded as under:-
izdj.k esa vuqal/kku] e`rd izQqy dqekj ds bZykt lacaf/k nLrkostkr] fjiksVZ esfMdy cksMZ lokbZ ekuflag fpfdRlky; t;iqj ,oa i=koyh ij miyC/k lk{;ksa ls e`rd izQqy dqekj dh e`R;q dk laHkkfor dkj.k
Pneumonia/Respiratory Failure, ARDS, Sepsis, MODS, Multi Organ Dysfunction Syndrome, Refractory shock izrhr gksrk gS] rFkk larksdck nqyZHkth vLirky t;iqj ds MkWDVjksa] ulksZa }kjk e`rd izQqy dqekj ds bZykt esa izFke n`"V~;k ykijokgh (Medical negligence) izrhr ugha gksrh gSA izdj.k esa vuqla/kku o miyC/k lk{;ksa ls ekeyk ,Q0vkj0 vne odq >waB dk ik;k x;k gSA vr% ,Q0vkj0ua0 94@17 fnuakd 28-06-2017 vne odq >waB esa fdrk dj okLrs Lohd`fr ekuuh; U;k;ky; ds le{k is'k gSA
5. Admittedly, the court of concerned Magi
