ORDER

Date : 22-02-2021 Heard Mr. K.N. Choudhury, learned Sr. Counsel, assisted by Mr A.A. Dewan, learned counsel for the petitioner and Mr. J. Ahmed, learned counsel for the respondent No. 2 as well as Ms. S. Jahan, learned Addl. P.P. for the respondent No. 1.

This criminal petition is filed by the petitioners under Section 482 CrPC with a prayer to quash the order dated 21.11.2016 passed by the Additional Chief Judicial Magistrate, Goalpara framing charge against the petitioners under Section 420 IPC R/W Section 34 IPC in CR Case No. 1161/2013 as well as the order dated 29.08.2017 passed by the learned Sessions Judge, Goalpara in Criminal Revision No. 67/2016.

The respondent No. 2 lodged a complaint before the learned Chief Judicial Magistrate, Goalpara alleging therein, that his wife was admitted into the Nursing Home entitled Seven Sisters Hospital and Research Centre owned by the petitioner No. 1 on 11.08.2013 for delivery of child. The wife of the respondent No. 2 delivered a depressed baby without any operation. However, when the patient was discharged on the next day, a bill was given for an amount of Rs. 15,500/-, which included an amount of Rs. 11,900/- as operation charge. The allegation of the complainant was that the petitioners did not carry out any surgical operation and there was Spontaneous Vaginal Delivery (SVD) and operation charge was claimed fraudulently. Pursuant to the aforesaid bill, the respondent made the payment and later on, the respondent could realize that though no operation was done, Rs. 11,900/- were charged deceptively in the bill and thereby cheated the respondent.

On the basis of the said complaint, learned Magistrate having taken cognizance examined the complainant and four witnesses and thereafter issued summons to the petitioners. The petitioners approached this court challenging the order of taking cognizance and issuance of process, which stood dismissed by this court vide order dated 02.03.2015 in Criminal Petition No. 720/2014. Thereafter, the learned Additional Chief Judicial Magistrate framed charge against the petitioners under Section 420 IPC R/W Section 34 IPC by the order impugned. Challenging the impugned order of the learned Additional Chief Judicial Magistrate framing charge, the petitioners preferred a criminal revision before the learned Sessions Judge, Goalpara, which was registered as Criminal Revision No. 67/2016. Upon hearing the parties, the learned Additional Sessions Judge dismissed the criminal revision. The learned Sessions Judge held in the operating part of the judgment as under:

“…………………. The fact is that the sister-in-law of the complainant was admitted in the hospital of the revisionists as she developed labour pain of her pregnancy, however, after the treatment, she had delivered a depressed baby who subsequently died, but in the bill, the revisionists charged some amount for operation although no caesarean operation was done to her. The revisionist’s side, on the strength of the said bill, realized the amount including that charge of operation. Thus, the revisionists intentionally deceived the complainant on a belief that the revisionists had performed the operation which actually never been performed and thereby dishonestly induced the complainant to pay money for that purpose.”

Failing in the revision petition preferred before the learned Sessions Judge, this petition has been filed for quashing the order of framing charge by invoking inherent power under Section 482 CrPC.

Mr. K.N. Choudhury, learned Sr. Counsel for the petitioner placing reliance on the decision of the Apex Court in Kusum Sharma & Anr. Vs. Batra Hospital and Medical Research Centre and Ors. reported in (2010) 3 CC 480 submits that the medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients and they should not be exposed to face criminal trial for medical negligence without adequate materia