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1. Heard Sri I.K. Chaturvedi, learned Senior Advocate assisted by Sri Shailendra Kumar Rai, learned counsel for the applicant, Sri S.D. Pandey, learned A.G.A. for the State and Sri S.K. Mishra, learned counsel for O.P. no.2.
2. The present application under Section 482 Cr.P.C has been filed by the applicant with a prayer to quash summoning order dated 15.09.2008 passed by A.C.J.M., Court No.19, Deoria under Section 304A, 315, 323 and 506 IPC as well as the entire proceedings of Case No.17 of 2008 pending in the court of Additional Chief Judicial Magistrate, Court no.19, Deoria.
FACTS OF THE CASE
3. In the instant matter, an FIR was lodged on 29.07.2007 by O.P. no.2 wherein it is alleged that wife of younger brother of the informant/O.P. no.2 was admitted in Savitri Nursing Home, Deoria, which is owned/runned by the applicant, who happens to be a doctor. It has been alleged that the patient was admitted to the hospital on 28.07.2007 at 10.30 A.M. for delivery. At around 11 O’Clock on 29.07.2007 the applicant called O.P. No.2 and checked up the patient and told her relatives that it is necessary for the patient to undergo surgery and asked for their consent. The same was immediately given, however, the surgery was not carried out in time. In the meanwhile, condition of the patient kept deteriorating and it is only at about 5.30 P.M. the patient was taken into the operation theatre. After operation, the informant was informed that the foetus has died. When objection was raised by the family members of the patient, and then they were beaten up by the employees of the doctor (applicant) and his associates. The doctor has also taken ₹8700/- for the surgery and asked the informant to deposit another ₹10,000/-. Even no discharge slip was given to the patient. After registration of the FIR, post mortem examination was conducted on the dead body of the child.
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