THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION Nos.11223 and 11644 of 2010 COMMON ORDER: These two Criminal Petitions are filed by accused 1 and 2 in Crime No.226 of 2009 on the file of Jangareddigudem Police Station, West Godavari District, respectively, as such, they are heard together and being disposed of by this common order. The petitioner/A.1 in Criminal Petition No.11223 of 2010 is a medical practitioner and is running a nursing home in the name of Arathi Nursing Home at Subbareddy Colony, Jangareddigudem Village, West Godavari District. The second respondent/L.W.1 lodged a complaint before the police stating that on 21.09.2009, at about 9.00 a.m., he brought his wife, by name, Smt. Arja Mariyamma to the hospital of A.1 as she was suffering from pains in hands, legs and stomach; that their son/L.W.2, Arja Rajesh, and daughter/L.W.3, Arja Srujana, and his brother/L.W.4, Arja Somaraju, were also accompanied with them and that when he requested the doctor to treat her immediately, A.1 did not care. He further stated that on the request of himself and his brother, A.1 examined Arja Mariyamma and told them that she was not suffering from any ailment and she was all right. He further stated that as she was complaining severe pains, at their request, she was admitted in the hospital and the hospital staff gave injections and tablets to her and also kept saline to her. He further stated that thereafter, the body of Arja Mariyamma became very cold and in spite of the same, the hospital staff did not care and A.1 also did not care to examine her and he remained in the operation theatre. It is also stated that in view of negligence of hospital staff and doctor/A.1, the deceased lost her breath on 21.09.2009 between 4.30 and 5.00 p.m. So far as A.2, who is the owner of nearby medical shop, is concerned, it is stated that when L.Ws.1 to 4 were weeping and protesting against the negligence of A.1, A.2 came there angrily and beat L.W.2, Arja Rajesh, with hands and pushed him over the window glass and also abused L.Ws.1 and 2 by referring to their caste name as “era Mala, Madiga Lanjakodukullara, enduku godavachestunnaru, shavamunu theesukupondi”. So far as A.3, who was working as Compounder in the aforesaid Nursing Home, is concerned, it is alleged that subsequently, A.3 joined A.2 and both of them abused L.W.2 and beat him with hands. Based upon the aforesaid complaint, a case in Crime No.226 of 2009 was registered and after completion of investigation, final report is filed stating that A.1 is liable for punishment under Section 304-A IPC, A.2 is liable for punishment under Section 324 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and A.2 and A.3 are jointly and severally liable for punishment under Section 323 IPC. In these Criminal Petitions, it is submitted by the learned counsel for the petitioners that there is no negligence at all on the part of the petitioner/A.1 – doctor and that on 21.09.2009, when the second respondent brought his wife to the hospital, immediately, she was examined and as she was not suffering from any serious problem, she was not admitted and at the request of L.Ws.1 to 4, she was admitted in the hospital and necessary treatment was given to her. It is further submitted that even according to the final report, only on the ground that A.1 did not attend to the deceased on the call given by the second respondent and remained in operation theatre, attributed negligence on his part and thereby, he was charged. It is also submitted that with regard to A.2 also, the allegations are false and in the absence of any abuse as alleged, only to harass the staff and the owner of the medical shop, the complaint was lodged. On the other hand, it is submitted by the learned Additional Public Prosecutor appearing for the State and also the learned counsel appearing for the second respondent that immediately after Smt. Arja Mariyamma was brought to the hospital, she was not treated properly and in view of negligence of A.1/doctor, she died. It is also submitted that as the allegations mentioned in the final report constitute the offences mentioned therein, there are no grounds to quash the proceedings in Crime No.226 of 2009 at this stage. I have heard the learned counsel for the parties and perused the final report filed in Crime No.226 of 2009. It is stated that though the final report was filed, the same was returned, as such, the Calendar Case is not numbered. Looking at the contents of the final report makes it clear that immediately, when Smt. Arja Mariyamma was brought to the hospital, A.1/doctor attended to her on the request of her attendants and subsequently, when her body became cold, he was called but he did not attend to her immediately on the ground that he remained in the operation theatre and thus, attributed negligence on the part of A.1, who is the petitioner in Criminal Petition No.11223 of 2010. Even according to the final report also, when A.1/doctor was called, he did not come to the patient immediately as he was in the operation theatre at that point of time. In this view of the matter, as the doctor has already attended to her at the first instance and necessary injections and also saline were given to her, it cannot be said that there is negligence on the part of the petitioner/doctor/A.1, as such, no case is made out so as to proceed against him for the offence punishable under Section 304-A IPC. Further, so far as A.2, who is the owner of a nearby medical shop and petitioner in Criminal Petition No.11644 of 2010, is concerned, there are specific allegations against him that when L.Ws.1 to 4 were protesting against the negligence of A.1, he came there angrily and beat L.W.2, Arja Rajesh and pushed him over the window glass due to which he suffered injury and that he abused L.Ws.1 and 2 by referring to their caste name as “era Mala, Madiga Lanjakodukullara, enduku godavachestunnaru, shavamunu theesukupondi”. In this view of the matter, it cannot be said that there is no case made out against him for the offences charged. In that view of the matter, this Court is of the opinion that so far as petitioner/A.1 in Crl.P.No.11223 of 2010 is concerned, continuance of proceedings against him is an abuse of process as such it is a fit case to exercise jurisdiction under Section 482 Cr.P.C. to quash the proceedings against him. At the same time, I find no material in Criminal Petition No.11644 of 2010 for quashing the proceedings so far as A.2 is concerned. For the aforesaid reasons, Criminal Petition No.11223 of 2010 is allowed and Criminal Petition No.11644 of 2010 is dismissed. Consequently, final report submitted by the Sub-Divisional Police Officer, Jangareddigudem, in Crime No.226 of 2009, stands quashed so far as A.1 is concerned. ______________________ R.SUBHASH REDDY, J 23rd NOVEMBER, 2011. kvni