( 1 ) THIS order in the criminal revision No. 426/2002 arising out the order dated 8-3-2002 passed by learned Chief Judicial Magistrate, Damoh, in Criminal Case No. 3474/1997 shall also dispose of connected Criminal Revision No. 348/2002 filed against the order dated 15-3-2002 passed by learned Chief Judicial Magistrate, Damoh, in criminal case No. 3474/1997.

( 2 ) IT is said that on 9-3-1997 a child delivered at 06. 30 by one Smt. Manisha Jain under care and supervision of staff nurse died in a Government Hospital allegedly due to negligence of the applicant. It is also said that being a Government Medical Officer in the District Hospital, Damoh, the applicant had treated Smt. Manisha Jain wife of Ravindra Kumar Jain, the complainant herein, privately and had also received a fee of Rs. 80/ -. It is also a case of the prosecution that the applicant had demanded Rs. 2,000/- and since the money had not been paid, the applicant had refused to attend to the patient in the hospital. It is also alleged that despite a request sent to the applicant, she had not attended to the patient and she had reached only at 07. 30 and had declared the child dead. On a report lodged b