JUDGMENT :

(Prayer: Petition filed under Section 482 of Cr.P.C. to call for the records relating to CC No.1008 of 2017 on the file of the learned Judicial Magistrate, Alandur, Chennai and quash the complaint filed against the petitioners.)

1. These Criminal Original Petitions have been filed to quash the criminal proceedings initiated by the Respondent in C.C.Nos.1088 to 1014 and 1022 of 2017 for the offence under Section 304-A of IPC, pending on the file of the learned Judicial Magistrate, Alandur.

2. The brief back grounds of the private complaints are as follows:

2.a. Around November 2015 several patients were admitted in the ICU which was in the lower elevation of the Respondents hospital premises. On 01.12.2015 due to heavy rain fall and release of water in Adyar River the compound wall behind the International Block was collapsed and the water entered into the hospital premises by flooding the E.B.Main Room which was abetting the river bank, Generator Room, Oxygen Cylinder Storage Room and the Medical Block which was also in the basement area. As a result, 18 of the patients admitted in the hospital died due to lack of ventilation, suffocation, lack of oxygen etc., Originally the FIRs have been filed by the hospital authorities on 04.12.2014 indicating the name of the death persons and it is stated that due to heavy water inundation and flooding of power panel rooms inside the hospital, which lead to power failure forcing their life support system to fail. Despite their efforts to save the patients by manual ventilation for a prolonged period, 18 patients died. The FIR was registered under Section 174 Cr.P.C. Thereafter it appears that the same has been referred as “Mistake of fact”. Out of 18 patients died relatives of the 8 patients preferred individual private complaint. Based on the private complaint the learned Magistrate following the procedure took cognizance for the offence under Section 304-A of IPC on each complaint.

2.b. Private Complaint in C.C.No.1008 of 2017 filed by one Venkata Ramaiah for the death of one Sagi Ragupathi Rao, his father in law. Similarly, Private Complaint in CC.No.1009 of 2017 was filed by one P. Arunachalam for the death of his mother P. Subbu Lakshmi. Private Complaint in C.C.No.1010 of 2017 was filed by one Dr. V.K. Ramesh Kumar for the death of his wife R. Premalatha. Private Complaint in C.C.No.1011 of 2017 was filed by one Mrs. Sunitha Balaji for the death of her father V.N. Venkata Subramanian. Private Complaint in C.C.No.1012 of 2017 was filed by one N. Selvaraj for the death of his wife S. Chellammal. Private Complaint in C.C.No.1013 of 2017 was filed by one Mrs. Shanthi Kalaiarasan for the death of her husband C.Kalaiarasan. Private Complaint in C.C.No.1014 of 2017 was filed by one C.Senthil Murugan for the death of his father A.T. Chokkalingam. Private Complaint in C.C.No.1022 of 2017 was filed by one Venkatesan for the death of his brother-in-law Bakthavachalam.

2.c. Each of the above private complaints taken on file for the offence under Section 304-A against the Hospitals as 1st accused, Founder and Mentor & Chief Surgeon as 2nd accused; Chairman as 3rd accused and Managing Director as 4th Accused and summons were issued to all the accused. Now, the the same have been sought to be quashed by way of these Petitions.

3.a. The crux of the allegations in the Private Complaints is that all the patients were admitted in various dates in the month of November 2015 for the various ailments. It is also stated that among the 18 patients who died in the MIOT Hospitals the majority of the patients come under the different health care schemes, such as Central Government Health Scheme, Ex-Servicemen Health Scheme, etc., In all the schemes consideration is paid by the Government because of their service rendered in the respective departments. It is also alleged that all international patients and high class patients were accommodated in the 8th Floor and the majority of the patients died were cov