Calcutta High Court (Appellete Side)
Dr. Indra Sekhar Roy vs The State Of West Bengal on 11 November, 2016
Author: Sankar Acharyya
Bench: Sankar Acharyya
1 06 11.11.2016
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sb CRR 1858 of 2011 Dr. Indra Sekhar Roy Vs The State of West Bengal Mr. Anand Keshari ... For the State Again even after fourth call no one appears on behalf of the petitioner.
The case is taken up for disposal in presence of the learned advocate for the State.
On perusal of the revisional application, it appears that the petitioner has challenged the charge sheet under Sections 304/109 of the Indian Penal Code filed against him in G.R. Case No. 3056 of 2009, pending in the 3rd Court of the learned Metropolitan Magistrate, Calcutta.
Learned advocate appearing for the State submits that one person died in Netra Sevashram Hospital after his cataract operation and recovery therefrom, but before his discharge from hospital. The petitioner has denied any responsibility in connection with the death of that patient. 2 Having gone through the annexures to the revisional application, it appears that there was police investigation on the issue of death of a patient, named Mangal Ram Gond at Netra Sevashram Hospital where the petitioner is the Director of the Vivekananda Benevolent Trust, which runs the hospital under that trust. From the material on record it does not reveal that trial of the case has commenced.
In my opinion, question of discharge of the present petitioner of the case can be considered at the time of consideration of charge in the trial court. Without waiting for that stage, the prayer of the petitioner for his discharge made in this Court does not appear to me as proper, therefore, without prejudice to the rights of the petitioner claiming for discharge denying his responsibility in the alleged offence in the court below, the revisional application is dismissed.
Interim order, if any, passed earlier stands vacated. Let a copy of this order be communicated to the court below by the department with a request for giving an opportunity to the petitioner to ventilate his grievance, if any, relating to the charge sheet filed against him.
Urgent photostat certified copy of this order, if applied for, be given to the parties expeditiously following the usual procedure.
3(Sankar Acharyya, J.)