Jharkhand High Court
Dr. Bishwajith Bandopadyay And Others vs The State Of Jharkhand And Anr. ... ... ... on 10 January, 2019
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 118 of 2018
Dr. Bishwajith Bandopadyay and others ... ... Petitioners
Versus
The State of Jharkhand and Anr. ... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioners : Mr. Rajiv Ranjan, Sr. Advocate Mr. Manoj Kumar, Advocate For the State : Mr. Ravi Prakash, APP For the O.P. No. 2 : Mr. Vikash Gupta, In-person
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07/10.01.2019 By an order dated 10.04.2018 a coordinate Bench of this Court has passed the following order :
"It has been submitted by the learned senior counsel or the petitioners that pursuant to a complaint made, enquiry was conducted by the Government of Karnataka and it was opined therein that a baby-Aashvi was admitted in a critical medical condition for expert management and the treatment was provided as per Medical Management Protocol. It has further been submitted that Karnataka Medical Council had also conducted an enquiry and was of the opinion that in view of the explanation submitted by the accused, there was no need for registration of a complaint. It has also been submitted that institution of a complaint is in direct conflict with the judgment rendered in the case of Jacob Mathew Vs. State of Punjab and others reported in (2005) 6 SCC 1 para 52.
Issue notice to O.P. No. 2 as to why this application be not admitted and/or disposed of at the stage of admission itself, for which requisites etc. under registered cover with A/D as well as by ordinary process must be filed by 17th April, 2018.-2- List this case after appearance of O.P. No. 2
under the heading "For Admission".
Until further orders, there shall be no coercive steps against the petitioner in connection with Sadar P.S. Case No. 643 of 2017, G.R. Case No. 6647 of 2017, pending in the court of learned Judicial Magistrate, 1st class, Ranchi."
2. On instructions, Mr. Rajiv Ranjan, the learned Senior counsel for the petitioners states that the case is still at the investigation stage.
3. On the Court's query, Mr. Vikash Gupta, who is complainant and arrayed as O.P. No. 2 in the present proceeding affirms the same.
4. One of the contentions raised on behalf of the petitioners is founded on the law laid down by the Supreme Court in "Jacob Mathew vs. State of Punjab and others" reported in (2005) 6 SCC 1.
5. The learned Senior counsel for the petitioners submits that registration of the First Information Report itself is without jurisdiction.
6. O.P. No. 2, however, submits that in view of the Constitution Bench judgment in "Lalita Kumari vs. Government of Uttar Pradesh and others" reported in (2014) 2 SCC 1, a First Information Report has rightly been lodged.
7. Post the matter on 19.02.2019.
8. In view of the materials on record, it is ordered that, in the meantime, further investigation/proceeding in connection with Sadar P.S. Case No. 643 of 2017 shall remain stayed till the next date of hearing.
9. Let a copy of the order be given to the learned APP.
-3-10. Let a copy of the order be transmitted to the court concerned and the Senior Superintendent of Police, Ranchi through FAX.
(Shree Chandrashekhar, J.) Tanuj/-