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Dr. Viveka Nand Gupta & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 14421 of 2006  RD-AH 20109 (28 November 2006)
(Court no. 48)
Criminal Misc. Application No. 14421 of 2006
1. Dr. Viveka Nand Gupta son of Sri Ram Sahai Gupta
R/o Viveka Nand Hospital, Balkeshwar,
P.S. New Agra, City and District Agra.
2. Saroj wife of late Indresh Kumar
R/o Saraswati Nagar, Balkeshwar, Police Station New Agra City
And District Agra.
3. Sachin son of Sri Raj Kumr Bhardwaj
R/o B- 956, Tans Yamuna Colony, P.S. Etmaddaula,
4. Ashok son of Dhram Pal Singh
R/o Village Adampur, P.S. Tappal,
District Aligarh ......... Accused-applicants.
1. State of U.P.
2. Laxman Singh son of Shyam Babu,
Resident of Chhitrai, Police Station Pachaukhara,
District Firozabad. ........ Opp.Parties.
Hon'ble Barkat Ali Zaidi, J
1. The applicants Dr. Vivekanand Gupta and 3 others have been charge-sheeted for an offence under Sections 304-A and 201 Indian Penal Code by police of Police Station New Agra, District Agra and a Criminal Case No. 975 of 2006 is pending in the court of Special Chief Judicial Magistrate, Agra. They have, therefore, come up here under Section 482 Cr.P.C. for termination of these criminal proceedings.
2. The allegation is that one Smt. Sunita was operated upon in the night of 25.6.2005 in Vivekanand Hospital, Agra and gave birth to a male child. Hospital belonged to applicant No.1. About 3 O'clock in the night, the lady nurse,Opp.Party No. 2 Saroj took away the child around 3 O'clock when his mother lying asleep. On making a hue and cry by the informant, father-in-law of Smt. Sunita some people in the morning informed the informant that a dog was eating upon the scalp of a child. The informant went to the spot and found the scalp lying. Meanwhile, the applicant no.1 is said to have arrived and on his instruction, the applicant Nos. 3 & 4 took away and threw the scalp somewhere. The allegation is that applicant no.1 managed a letter from the informant that the informant was taking along his daughter-in-law to some other hospital and sent them away by his car to Dainik Hospital, Tundla.
3. The contention from the side of the applicant is that the accused have been falsely implicated because there was a dispute about payment of hospital charges. The informant himself left the hospital for the reasons which can be seen from his own letter , which was given by him to the hospital management, while leaving the hospital. The English translation of the letter reads as follows:-
" My patient Sunita was carrying a child of seven and half month in her womb whose arm was coming out side. We had, therefore, got her operated in emergency and after great efforts of the child specialist, the child was able to breath. We were advised to keep the child on machine we did not agree and the child could not be saved. Therefore, we are taking our patient back home. We have no complaint against the hospital".
4. This is a matter, which will have to be determined by the Court after evidence led in the case, and the court will decide whether the prosecution allegations are false, and that the accused have been implicated about any dispute for hospital fee. This is not a matter which could be considered in proceedings under Section 482 Cr.P.C. because this is a question of fact, which will require evidence.
5. The petition is, therefore, misconceived and is accordingly rejected.
6. The counsel for the applicants has made an oral request that since the petition is being dismissed, the court may be directed to release the accused on Personal Bond. No specific reason has been assigned as to why this Court should go out of the way, and grant a special concession, for being released, on Personal Bond.
7. Any such direction would amount to unwarranted interference in the discretion of the Magistrate. It is solely for the Trial Court to decide, as to how, or on what conditions, if at all, the accused have to be released. It would be out of place for this Court to issue any direction in this regard. The Magistrate will, however, consider, the bail application of the accused-applicants the same day on which it is presented.
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