IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE TIRTHANKAR GHOSH CRR 1248 of 2024 Dr. Pritha Dutta -Versus-

The State of West Bengal & Anr.

With CRR 1242 of 2018 With CRAN 1 of 2018 (Old CRAN 2386 of 2018)

Dr. Samir Roy -Versus-

The State of West Bengal & Anr.

With CRR 1808 of 2018 Dr. Jyotsna Basu -Versus-

The State of West Bengal & Anr.

For the Petitioner in (CRR 1248 of 2024): Mr. Pawan Kumar Gupta, Mr. Devesh Srivastava, For the Petitioner in (CRR 1242 of 2018): Mr. Sekhar Kumar Basu,

Mr. Antarikha Basu,

Mr. Sayan Mukherjee,

Ms. Madhumita Basak

For the Petitioner in (CRR 1808 of 2018): Mr. Soubhik Mitter,

Mr. Smarjit Basu

For the De facto Complainant : Mr. Shiv Shankar Banerjee, Ms. Arijita Ghosh, Ms. Nandini Chatterjee, Mr. Sauradeep Dutta, Mr. Soumon Nanda, Mr. Himadree Ghosh.

For the State : Mr. Debasish Roy, Mr. Arijit Ganguly, Mr. Koushik Kundu.

Hearing Concluded on : 21.03.2025 Judgment on : 16.05.2025 Tirthankar Ghosh, J:-

The three revisional applications have been preferred challenging the proceedings arising out of Alipore Police Station Case No. 46 of 2014 dated

06.03.2014 under Section 304A/34 of the Indian Penal Code.

The genesis of the present case was on the basis of a letter of complaint forwarded by Somraj Sen husband of the deceased Dr. Arunima Ghosh @ Sen addressed to the Officer-in-Charge, Alipore Police Station. The allegations made in the letter of complaint were to the effect that Dr. Arunima Ghosh @ Sen aged about 31 years was suffering from acute abdominal pain for the last 1½ years. The complainant along with his deceased wife approached Dr. Samir Roy practicing at Nightangle Hospital, Shakespeare Sarani Kolkata and she was under his treatment from the said period and was advised by the doctor to go for a D&C and Laparoscopic Dye Test under a gynaecologist at Kothari Medical Centre on 05.03.2014. At about 8:30 A.M. on 05.03.2014 the complainant’s wife got admitted at the Hospital for the said test. The doctor entered the O.T. at about 09:35 A.M. and subsequently initiated the test, immediately after 20 minutes, the doctor came out and informed the complainant that the operation was successfully conducted but the patient went through a shock and subsequently suffered cardiac failure. Thereafter, the cardiology team came to attend his wife and she was taken to ICCU. During this entire period, the Doctors were unable to revive the complainant’s wife/deceased. As a result the deceased breathed her last. The complainant alleges that his wife did not have any health issues. She was healthy and as such it seems to him that there might have been some negligence made during the aforesaid test as well as inefficiency. The complainant therefore requested the Officer-in- Charge to take steps against Dr. Samir Roy and his medical team of Doctors along with the staffs of Kothari Medical Centre.

The background of the case as is reflected from the record which includes the case diary produced on behalf of the state as well as the three revisional applications which incorporates the order sheets of the Learned Chief Judicial Magistrate reflect that initially in connection with Alipore Police Station Case No. 46 of 2014 dated 06.03.2014, a report in final form dated 13.10.2015 was submitted before the jurisdictional Court wherein the Investigating Officer was pleased to discharge the accused persons, holding mistake of fact as the reason of conclusion relating to the death of Arunima Sen @ Ghosh at Kothari Medical Centre. A notice was issued to the de-facto complainant namely Somraj Sen, who filed an application for further investigation before the Learned Magistrate and the Learned Magistrate was pleased to direct further investigation by a different Investigating Officer. The investigation having been conducted by a different Investigation Officer, a report under Section 173 CrPC was filed on 02.05.2018 wherein the Investigating Officer on an analysis of the fact collected