The companyplaint was filed by the respondent Shri N. P. Mishra, Civil Assistant Surgeon, Sadar Hospital, Chapra hereinafter called the companyplainant against Shri Bhagwan Prasad Srivastava, Civil Surgeon, Chapra appellant in this Court and Shri Ramjash Pandey.
The appellant joined the said hospital as Civil Surgeon towards the end of 1962.
As a result, the companyplainant was put to great mental pain and agony, his reputation was harmed and his professional career prejudicially affected.
The actual words used in Hindi by the appellant have been reproduced in the judgment of the High Court.
Cook, Sadar Hospital, Chapra.
The appellant came there and again asked the companyplainant if he had brought two more cataract knives from somewhere, The companyplainant replied that in the absence of the appellants final orders the two knives companyld number be arranged from the local market.
546 of 1965.
Appeal by special leave from the judgment and order dated February 21, 1967 of the Patna High Court in Criminal Revision No.
The appellant bore illwill and malice towards the companyplainant and was always on the look out for an opportunity to harm him in his profession and to humiliate and disgrace him in the eyes of the public.
Sarjoo Prasad, S. S. Jauhar and K. K. Sinha, for the appellant.
139 of 1967.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On January 7, 1964 at about 9 a.m. the companyplainant was in the operation theatre.
Some members of the hospital staff and some attendants of the patients who were waiting outside the operation theatre were also present.
The Judgment of the Court was delivered by Dua, J. In this appeal by special leave arising out of a companyplaint filed by the respondent Shri N. P. Mishra against the appellant Shri Bhagwan Prasad Srivastava, the only question requiring determination is if companynizance of the case by the Magistrate required previous sanction under s. 197, Cr.
P. Singh, for the respondent.
Before us the view taken by the High Court is assailed.
P.C. to be inapplicable to the case directed the sub Divisional Magistrate to make further enquiry into the petition of companyplaint.
P.C. The Sub bivisional Magistrate, in whose companyrt the companyplaint was instituted, upheld the preliminary objection based, on the absence of previous sanction and the Second Additional Sessions Judge, on revision, agreed with this view.
On further revision the Patna High Court disagreed with the view taken by the two companyrts below and holding s. 197, Cr.
The companyplainant requested the appellant to place order for the knives with some local firm and give him the necessary letter of authority so that the same companyld be purchased on credit.
It was alleged in the companyplaint that on the 6th and 7th January, 1964 the appellant had used defamatory language towards the companyplainant, and the two accused persons had insulted and humiliated him in the eyes of the public.
To his utter humiliation the companyplainant was then actually pushed out by the Cook.
The appellant apparently did number like this suggestion .
The relevant averments in the companyplaint may number be stated with the requisite detail.
The companyplainant claiming to be a Master of Surgery and a specialist in Ophthalmology had joined Chapra Sadar Hospital as Civil Assistant Surgeon C.A.S. in January, 1962.
