Dr Mitu Khurana Vs State and Others on 03 May 2013

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. 1740/2013

DR. MITU KHURANA ….. Petitioner

Through: Ms. Sujatha Balachandra,
Advocate

versus

STATE and ORS …..Respondents

Through: Mr. Sunil Sharma, Additional
Public Prosecutor for respondent-
State

CORAM:

HON’BLE MR. JUSTICE SUNIL GAUR

O R D E R

03.05.2013

Crl.M.A. No.5433/2013 (Exemption)

Allowed subject to all just exceptions.

CRL. M.C. NO.1740/2013

Learned counsel for petitioner submits that there is an innocuous
error in the summoning order of 8th June, 2011 as respondent No.3, who is
accused No.1 before the trial court, has not been summoned under the
mistaken impression that respondent No.3 has been already summoned in
complaint No.33/1/09. Attention of this Court has been drawn to summons
(Annexure ‘C’) to point out that only Director of respondent No.3-Jaipur
Golden Hospital has been summoned and not the hospital itself.

Petitioner is the complainant of the compliant in question and
complaint No.33/1/09 has been instituted by the State. Since respondent
No.3, who is accused No.1, has not been summoned vide impugned order,
therefore, the said hospital is not required to be put to notice in this
petition.

In view of the aforesaid error as pointed out by learned counsel for petitioner, impugned order of 8th June, 2011 is set aside with direction
to trial court to pass a speaking order after hearing learned counsel for
petitioner afresh.

This petition is disposed of in aforesaid terms.

03May13pdf

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