*****

SURYA PARTAP SINGH . J.

1. This is a petition under Section 528 of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’, (erstwhile corresponding provision 482 Cr.P.C). By virtue of present petition the quashing of a criminal complaint bearing No.COMI 492-2023 CNR No.HRGR031751162023 titled as “Sourabh Chhabra versus Dr. Rohit Lalit” alongwith the summoning order dated 04.09.2024 passed in the above-mentioned complaint has been sought to be quashed. The above-mentioned complaint is pending in the Court of learned Judicial Magistrate 1st Class, Gurugram, hereinafter being referred to as ‘trial Court’ only. The allegations in the above-mentioned complaint against the petitioner/accused, hereinafter being referred to as petitioner only, are for the commission of offence punishable under Section 304A IPC.

2. Briefly stating the facts emerging from record are that the respondent/complainant, hereinafter being referred to as respondent only, has filed a complaint before the learned trial Court, alleging therein that;-

“due to gross medical negligence committed by the petitioner/accused, hereinafter being referred to as petitioner only, the 22 year old sister of the respondent namely ‘Simran Chhabra’ died on 21.01.2023, and therefore, the petitioner is liable to face prosecution for the commission of offence punishable under Sections 193/201/304/304A/406/420/467/506/120B of IPC.

that the petitioner is running a hospital in the name of ‘Jagdamba Hospital’, and that ‘Simran Chhabra’ the sister of respondent hereinafter being referred to as ‘deceased’ only, had visited the above-mentioned hospital of petitioner on 21.01.2023, as she was suffering from fever, cough and body pain. According to respondent when his sister was undergoing treatment in the hospital of petitioner, a prescription slip was issued by the petitioner, wherein the same illness were recorded.

that the above-mentioned prescription, dated 21.01.2023, further shows that while undergoing treatment the deceased developed certain complications, perhaps because of allergic reaction to the drug, namely ‘Dynapar 75’, injected on the instruction of petitioner. Since the complication could not be handled by the petitioner, she was shifted to another hospital namely ‘Aryan Hospital’, Railway Road, Gurugram, but in ‘Aryan Hospital’, the deceased was declared dead at 01:30 PM. Thereafter ‘Aryan Hospital’ informed the police, and therefore, the body of deceased was taken for post-mortem examination which was conducted in Civil Hospital, Gurugram on 22.01.2023 and the post-mortem report was prepared by ‘Dr. Deepak Mathur’ and ‘Dr. Sudhir Kumar’.

that a complaint with regard to medical negligence committed by the petitioner was filed by the respondent before the police on 21.01.2023 itself, but no proper investigation was conducted by the police, and thereafter, the matter was escalated to Senior Police Officer, i.e. DCP West Gurugram.

that due to persistent demand of petitioner and his family members, against the conduct of the petitioner, the Civil Surgeon, Gurugram referred the complaint preferred by the respondent, against the petitioner, to ‘District Medical Negligence Board’ and the above-mentioned Board instituted an enquiry on 06.06.2023. The respondent as well as petitioner were called by the ‘District Medical Negligence Board’ for the purpose of enquiry, and thereafter, the interim enquiry report was prepared by ‘District Medical Negligence Board’.In the absence of Viscera analysis, a clean chit was given to the petitioner.

that a bare reading of interim report prepared by ‘District Medical Negligence Board’ show that the Board members simply believed the version of petitioner in verbatim. Since the police did not take any action against the petitioner, the respondent filed a complaint in the Court of learned Judicial Magistrate 1st Class, Gurugram for taking cognizance against the petitioner, conduct the trial, and thereafter, punished the petitioner, accordingly.”

3. Accor