Court No. - 44
Case :- APPLICATION U/S 482 No. - 4421 of 2018 Applicant :- Suresh Babu Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Shashi Bhushan Rai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 2.7.2015 passed by the Chief Judicial Magistrate, Badaun in case no. 555 of 2015 (Suresh Babu Vs. Dr. A. K. Verma and others), under Section 156 (3) Cr.P.C., Police Station Civil Lines, district Budaun and order dated 11.12.2015 passed by the Sessions Judge, Badaun in Criminal Revision No. 467 of 2015 (Suresh Babu Vs. State of U. P. and others). Further prayer has been made to stay the effect and operation of the orders aforesaid.
Heard learned counsel for the applicant and learned A.G.A.
Learned counsel for the applicant submits that application under Section 156 (3) Cr.P.C. was moved with the allegation that wife of the applicant died during treatment in the Nursing Home of opposite party no. 2 and act of the opposite party no. 2 comes under the purview of the medical negligence, hence application under Section 156 (3) Cr.P.C. ought to have been allowed. Thus the order passed by the concerned Magistrate under Section 156 (3) Cr.P.C. is illegal. It was further argued that revision filed against the order rejecting application under Section 156 (3) Cr.P.C. was also dismissed on insufficient grounds. It is a clear case of medical negligence. Inspection note prepared by the local administration also support the facts mentioned in the application but concerned Magistrate as well as Revisional Court both passed the order ignoring the report submitted by the local administration.
Learned A.G.A. argued that since there was no report of the medical board in compliance of the guidelines laid down in the case of Jacob Mathew Vs. State of Punjab and another reported in (2005) 6 SCC 1. Therefore, order passed by both the courts below cannot be termed to be illegal and the application is liable to be dismissed.
I have considered the rival submissions made by the learned counsel for the parties.
In this matter, as is evident from the record that wife of the applicant was admitted in the hospital of the opposite party no. 2. It is also alleged that she died during treatment due to medical negligence but from the perusal of the record it is also evident that guidelines laid down by the Hon'ble Supreme Court in the case of Jacob Mathew (Supra) has not been followed. There is no report of the Medical Board constituted to examine the medical negligence. If this fact is taken into consideration then order passed by the court below cannot be termed to be illegal. Thus the application lacks merit and is not liable to be allowed.
In view of the observations made above, the application is dismissed.
Order Date :- 22.2.2018 Sachdeva