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Judgment
A.N. Gupta, J.—Petitioners were running a Nursing Home known by the name of Avadh Hospital and Heart Centre, Alambagh, Lucknow. Petitioner Nos. 1 to 4 are doctors said to be holding post-graduate qualifications and Petitioner No. 1 is the Manager of said Nursing Home. Sunil Singh Rathore opposite party No. 3 admitted his wife Smt. Suman Singh in the said Nursing Home on 21.3.1998 at 11.50 p.m. At that time she was running in high temperature. It appears from the papers that she was suffering from Septicasmia, stone-in the gall-bladder and was carrying pregnancy. She was treated at the Nursing Home and ultimately on 24.3.1998 she was referred to the Sanjay Gandhi Post Graduate Institute of Medical Science. Lucknow (In short SGPGI) and was discharged from the said Nursing Home on 25.3.1998. S.G.P.G.I. referred her to Queen Marry''s Hospital which is ladies hospital attached to Medical College which referred her to Medical College and ultimately Smt. Suman Singh Rathore died on 6.4.1998.
The opposite party No. 3 felt that his wife had died on account of negligence of treatment done at Avadh Hospital and Heart Centre and consequently he wanted to lodge an F.I.R. at police-station but the police did not lodge the same. He moved learned Magistrate u/s 156(3), Code of Criminal Procedure who by means of order dated 28.4.1998 directed the police to register the F.I.R. In pursuance of this order F.I.R. Case Crime No. 193 of 1998 under Sections 304A, 504, 506, I.P.C. was registered at police station Krishna Nagar, Lucknow on 23.4.1998 against all the five Petitioners. It appears from the F.I.R. that the investigation has been entrusted to S.S.I. Sri Veer Bahadur Pandey. This petition u/s 482, Code of Criminal Procedure has been preferred for setting aside the order dated 22.4.1998 by which learned Magistrate directed the police u/s 156, Code of Criminal Procedure to register the F.I.R., quashing of the F.I.R. has also been prayed and interim relief during the pendency has been prayed for staying further proceedings being undertaken on the basis of an aforesaid F.I.R.
Sri Virendra Bhatia for the Petitioners and learned Additional Government Advocates have been heard. I have also gone through the relevant papers filed along with petition and find that there is no justification to interfere in the order dated 22.4.1998 passed by the learned Magistrate and it appears to be a fit case where in the investigation should be conducted.
As mentioned above, investigation has been entrusted to S.S.I. Sri Veer Bahadur Pandey. The investigation of this case shall require examination of papers regarding treatment etc. given to Smt. Suman Singh Rathore in order to find out whether there has been any negligence in treatment and if so to what extent. It requires careful scrutiny and examination which probably an officer of the rank of S.S.I, may not be able to carry out.
In view of this, Senior Superintendent of Police, Lucknow is directed to entrust the investigation of this case to an officer not below the rank of Dy. Superintendent of Police which means that the investigation can even be entrusted to an officer of the rank of Superintendent of Police also. Such nominated Investigating Officer shall carry out the investigation expeditiously and he shall not arrest the Petitioners till sufficient evidence is collected during the investigation implicating the Petitioners or anyone of them in the negligence of treatment of Smt. Suman Singh Rathore.
With the above observations and directions, petition is disposed of finally.
A copy of this order shall be sent by the Additional Registrar to the Senior Superintendent of Police, Lucknow within three days.