Kumar Saumitra & Anr vs State & Ors on 13 October, 2015

1. This petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter to be referred as ‘Cr.P.C.’) has been filed
by the petitioners for quashing of the order dated 10.11.2014 passed by
the learned Additional Sessions Judge in Criminal Revision No
34/2014, whereby while upholding the judgment dated 28.04.2014
passed by the learned Metropolitan Magistrate in CC No.71/1/13, the
said petition was dismissed by the learned Sessions Judge.
2. Brief facts of the case are that on the intervening night of

Crl.M.C.No.1584/2015 Page 1 of 20
06/07.08.2012, petitioners were going on a motor bike and hit by a Suv
Car at about 11:00 PM. Both the petitioners suffered injuries due to
the above mentioned road accident. They reached at AIIMS Hospital,
where they were told that they would be treated in JPN Centre, New
Delhi. As per complaint, the petitioners waited in JPN Trauma Centre
till 1:00 AM but neither they were attended by any doctor nor given
any first aid as all the doctors and staff of the said hospital were busy
in gossiping in room No. 13. When the petitioners requested the
doctors and the staff of the hospital to give treatment, they were pushed
outside by the security guards and thereafter, beaten with fists and
blows. It was also alleged that they were locked in a room and beaten
up. In the meantime, somebody informed the police and 45 police
officials also reached there. They were taken to P.S. Safdarjung
Enclave and were kept in lockup. It was alleged that gold chain and
two lockets of the petitioners were snatched by the police officials. In
the meantime, sister and brother of petitioners also reached the Police
Station. Accordingly, FIR No. 279/2012 was registered in P.S.
Safdarjung Enclave for the offences punishable under Sections
186/353/333/324/34 IPC against the petitioners on the allegations that
they had caused injuries upon the persons of staff of AIIMS Hospital.
MLCs of Dr. Varun, Dr. Ajit and Mr. Rahul (respondents) were also
prepared.

Source: Indian Kanoon

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