IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.878 of 2007 DAYMANTI MISHRA Versus THE STATE OF BIHAR & ORS ----------- 2 1.10.2008 Heard the learned counsel for the parties. In the instant writ application the petitioner prays for handing over the case to the C.B.I. or any other agency for proper and fair investigation of the case. The complainant alleged that her son, Uttam Kumar, met with an accident and was brought to the clinic of Dr. Amar Kumar. It is alleged that on account of the alleged negligence of the doctor who did not even give him ansthesiya before operation and other lapse on his part resulted in the death of her son. It is submitted that the petitioner immediately made representation to the police and other higher officials but they did not get post mortem done on the dead body. Learned counsel submits that in such circumstances it would be impossible for the petitioner to produce post-mortem examination report before an authority concerned. In this respect the petitioner relies upon Annexure-7. Learned counsel for the State submits that the investigation of the aforesaid case being Kotwali (Bharti) P.S. Case No.425/06 is being properly conducted. Under the above circumstance, this Court is of the view that if the petitioner files a representation before the I.O. and 2 the S.P., Bhagalpur, pointing out gross negligence committed by the doctor in question and investigation, the same would be examined and appropriate directions may be issued. With the aforesaid observation this writ application is disposed of. However, it would be open to the petitioner to also represent that she could not be held responsible for the non- conduction of post-mortem on the dead body of her son. She may also file appropriate application for due protection to the life and property as she has been receiving threats. . AnilKr.Sinha ( S.P.Singh,J.)