W.P. (CRL.) 115/2022

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Order delivered on:

11.05.2022

+

W.P.(CRL) 115/2022

AZHAR RASHEED

..... Petitioner

Through:

Mr.R.D. Rana, Advocate.

versus

STATE NCT OF DELHI AND ORS.

..... Respondents

Through:

Mr.R.S. Kundu, ASC for the State

with Ms. Pooja, Mr. Mukul and Mr.

Nitij, Advocates along with ACP

Parnav Tayal, ACP B.K. Singh,

Inspector Arvind Kumar, SI Sandeep

Chauhan, and SI Amarpal Singh. P.S.

Begampur.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

%

O R D E R

ANOOP KUMAR MENDIRATTA, J

1. A Writ Petition (Criminal) under Article 226 of the Constitution of

India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner

for issuing writ of Mandamus or any other writ/directions/order directing

respondent No.4 for transfer of investigation in respect of death of Athar

Rasheed (brother of the petitioner) to CBI or any other independent agency.

2. In brief, Athar Rasheed, aged about 35 years is stated to have expired

due to sole negligence during the process of hair transplantation undertaken

at United Hair Studio, House No.223, Pocket 26, Sector 24, Rohini, New

Delhi.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001848

W.P. (CRL.) 115/2022

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It is averred that after Athar Rasheed returned back on taking

treatment, he developed serious pain over his scalp followed by swelling on

the face and shoulders and had to be admitted at Escorts Heart Institute and

Research Centre. On 26.06.2021, Athar Rasheed passed away during course

of treatment. It is also submitted that none responded from the concerned

Centre and accused appear to have fled. Further, no action was taken by the

police despite complaint being made on 06.07.2021 and running from pillar

to post.

3. During the course of inquiry, the treatment papers at Escort Heart

Institute and Research Centre were obtained which revealed that cause of

death was Septic Shock with multi-organ failure in case of Stevens-Johnson

Syndrome. Fortis Escorts Heart Institute further replied that it did not

warrant any intimation to police since the death was due to septic shock with

Stevens-Johnson Syndrome. A letter was also sent to Delhi Medical Council

by police but in absence of any treatment record, they were not in a position

to examine the matter.

4. In the aforesaid background, vide order dated 30.03.2022, Action

Taken Report was called from the DCP. The status report has been filed

today whereby it is informed that case FIR No.339/2022 dated 21.04.2022

under Sections 304/34 IPC and Sections 26/27 of Delhi Medical Council Act

has been registered at Police Station Begampur and the investigation has

been taken up.

It is further submitted that during the course of investigation, accused

Shivam Verma was arrested who disclosed that he along with one Harish

Sharma and other associates were running United Hair Studio and were

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001848

W.P. (CRL.) 115/2022

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managing the day-to-day activities in its clinic. An amount of Rs.30,000/- is

also stated to have been received in PayTm account from deceased Athar

Rasheed against hair transplantation which was done by technicians namely

Mohit and Vijay. Further, at the instance of accused Shivam Verma, the

technician Vijay was also arrested and the instruments used for hair

transplantation were also seized. It was revealed that accused Vijay was not

having any certificate of clearance of hair transplant. It is also stated that co-

accused Mohit could not be traced and the NBWs have been obtained against

him.

5. On the face of record, there appears to be gross negligence as it is only

pursuant to the filing