Dr Suman Sabharwal & Anr vs State & Anr on 29 October, 2015

+ CRL.M.C. 2140/2015
1. Vide the present petition, petitioners seek directions thereby
quashing of FIR No. 219/2010, registered at PS-Deshbandhu Gupta
Road, New Delhi for the offences punishable under Sections
337/420/468/471/201/120B IPC against them.
2. Further seek directions thereby setting aside the order dated
05.03.2015 passed by ld. Chief Metropolitan Magistrate, Central
District, Delhi whereby the cognizance in the aforesaid case was taken.
3. The aforesaid case was registered on the complaint of
respondent no. 2 filed under Section 156 (3) Cr.P.C. wherein she
alleged that on 15.09.2009, she was admitted in Shree Jeewan Hospital
for delivery and on the same day at about 11.15 PM, she gave birth to a
female child. However, while conducting the delivery, the Doctors of
the aforesaid hospital left a needle in her uterus. As a result of which,
she suffered mental agony, trauma, pain and profuse bleeding. After
the delivery, she was shifted to a room, but there also her bleeding did
not stop and when she requested the Doctors for her check up, they did
not pay any heed to her request. However, on the next day, i.e.,
16.09.2009, her x-ray was conducted and it was revealed that a needle
was left in her Uterus while conducting delivery, due to which she got
infection and thus is not able to conceive in future. Accordingly, she
reported the matter to the Police, but Police did not take any action.
Thereafter, she filed a complaint under Section 156 (3) Cr.P.C. wherein
ld. CMM directed to lodge an FIR and accordingly the aforesaid case
was registered against the petitioners.

Source: Indian Kanoon

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