A Sessions court has refused to quash an order to summon an AIIMS doctor as an accused for allegedly beating up a patient following a quarrel on refusal to provide first-aid to him in the emergency ward.
According to the complaint lodged by the patient, the doctor on duty had refused to attend to him which led to heated exchanges and use of physical force.
In his initial complaint, the patient said that three doctors and some security guards misbehaved with him and his two sons, and that one of them had slapped him. He added that the ward was then locked by the security guards and they thrashed him and his sons.
In his second complaint, however, the patient named the three doctors and accused them of attacking him.
The AIIMS administration had also lodged an FIR against the patient and his two sons.
Court order challenged
The police, however, chargesheeted only the security guards and stated that the incident had taken place at the instigation of the complainant and his sons and there was no evidence against the doctors.
But a Metropolitan Magistrate (MM) court summoned the security guards as well as the three doctors.
One of the doctors, Dr. Shreeram Mohan, had challenged the MM court order in the court of Additional Sessions Judge Rajesh Kumar Singh, submitting that a person who was not chargesheeted could be summoned only after recording of evidence.
He also challenged his summoning on the ground of alleged delay in lodging the FIR, lack of evidence and improvement in the complainant’s version.
Dismissing the revision petition of Dr. Mohan, the Judge said: “At the stage of summoning, the MM is not required to write a detailed order. The summoning order can not be interfered with, if the view taken by the MM is a possible view which could have been taken on the basis of material before him.”
