Group: Caveat Petition

BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT

CALCUTTA
Appellate Side
Caveat Petition No. of 2024

In the Matter of:

A Caveat Petition Under Section 148A
Code of Civil Procedure 1908 Reade
with Calcutta High Court Appellate Side
Rules

And
In the Matter of:
Gourav Kedia son of Gobardhan Kedia,
aged about 39 years, resident of NSB
Road, Raniganj, Paschim Bardhaman,
West Bengal, PIN – 713347, India;

………… Caveator

-----VERSUS -----

1. Dr. Debashish Bhattacharya, son of

unknown, a Gynaecologist, Mediscan
Raniganj USG Clinic, NSB Road,
Raniganj, Paschim Bardhaman, West
Bengal, PIN – 713347, India,
2. Dr. Rajeeb Patel, son of unknown, ED
Physician, of The Mission Hospital,
Immon Kalyan Sarani, Sector IIC Bidhan
Nagar, Durgapur - 713212, Paschim
Bardhaman, West Bengal,
3. Dr. Debraj Mondal, son of unknown, a
Gynaecologist of Healthworld Hospitals,
City Centre, Durgapur, 713216
4. The Head of the Department,
Emergency of the Mission Hospital,
Immon Kalyan Sarani, Sector IIC Bidhan
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Nagar, Durgapur - 713212, Paschim

Bardhaman, West Bengal,
5. The Head of the Department,
Emergency, of the Healthworld
Hospitals, City Centre, Durgapur,
713216;
6. The Chief Managing Director, The
Mission Hospital, Immon Kalyan Sarani,
Sector IIC Bidhan Nagar, Durgapur -
713212, Paschim Bardhaman, West
Bengal,
7. The Chief Managing Director, the
Healthworld Hospitals, City Centre,
Durgapur, 713216;
………… Opposite Parties/Proposed
Caveators

CAVEAT PETITION UNDER SECTION 148A CODE OF

CIVIL PROCEDURE 1908 READE WITH CALCUTTA HIGH
COURT APPELLATE SIDE RULES

The caveators most humbly and respectfully submit as under: -

1. That the caveator had filed an application under Section

156 (3) of Cr.P.C. against opposite parties which is

pending before the Ld. Additional Chief Judicial Magistrate

Court, Durgapur;

2. That the Caveator is the husband of the victim

Rammi Kedia and the Caveator got married to Rammi

Kedia on 15.12.2010. On 07.02.2023 the Caveator’s wife

got pregnant and she started medical consultation with Dr.

Debashish Bhattacharya, herein the Opposite party No. 1,

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a Gynaecologist practising in the Raniganj area, on and

from 17th February, 2023;

3. That on 01.09.2023, the Caveator, along with their

wife, visited the Opposite party No. 1 due to her

discomfort. Following a diagnosis through ultrasound

(USG), Dr. Bhattacharya strongly recommended immediate

medical attention at The Mission Hospital in Durgapur. The

Opposite party No. 1 also prescribed some medicines to

lower her pressure and the Caveator’s wife took those

medicines as per prescription. Dr. Bhattacharya personally

contacted Mr. Palton Roy (mobile no. 9800881652), a

representative of The Mission Hospital, ensuring that all

necessary arrangements were made;

4. That during the journey to The Mission Hospital, the

Caveator, as instructed by Mr. Palton Roy, contacted him at

approximately 9:30 AM, and Mr. Roy reiterated the need

to proceed to the hospital as he had made the necessary

arrangements. Upon their arrival at The Mission Hospital,

the Caveator and their wife reconnected with Mr. Palton

Roy, and a hospital attendant arrived with a stretcher at

around 10:00 AM;

5. That upon arrival at The Mission Hospital, herein

Opposite party No. 6, the Caveator's wife was attended by

Dr. Rajeeb Patel herein Opposite party No. 2, in the

 4

emergency department. Opposite party No. 2, diagnosed

her and initiated primary treatment for a sudden drop in

blood pressure without verifying the previous prescriptions

and medications and suddenly injected one medicine

namely “NORAD 2ML INJ” also mentioned in the bill,

which was for further reduction of blood pressure as

informed by the Doctor to the Caveator;

6. That, however, to their dismay, Opposite party No. 4

and 6 denied her admission, as evidenced by the attached

bills, despite previous assurances. The Caveator contacted

Mr. Palton Roy once more, and he assured them that

arrangements were in progress for the admission. It is

important to note that the Caveator's wife was left

unattended and in a deteriorating condition during this

period;

7. That in the midst of this critical situation, the

Caveator's younger brother, Mr. Ankur Kedia, attempted to

contact Mr. Satyajit Bose, who holds a significant role at

The Mission Hospital. Unfortunately, Mr. Bose did not

respond to the call but suggested contacting Dr. Aritra at

9800880045 via WhatsApp, unaware that the Caveator

and their wife were already in the emergency department.

Mr. Ankur Kedia informed him of the urgent situation,

highlighting that the patient had been in the emergency

 5

for an hour and that The Mission Hospital had denied

admission without providing a clear reason. Regrettably,

there was no response from Mr. Bose, and despite

repeated pleas, the Caveator's requests for admission

were disregarded. This entire episode spanned

approximately an hour, during which the Caveator's wife's

health continued to deteriorate;

8. That given the circumstances, it became impossible

to transfer the Caveator's wife to another hospital.

Nonetheless, the Caveator managed to arrange for an

ambulance to transport her to Healthworld Hospital

Durgapur, and they arrived there at approximately 11:45

AM;

9. That upon reaching Healthworld Hospital, herein the

Opposite party No. 7, the Caveator's wife was admitted to

the emergency department around 12:00 PM after

completing the necessary formalities at approximately

12:20 PM. The Caveator's earnest request to the Opposite

party No. 5 and attending doctor in the emergency to

consult a gynaecologist was met with rudeness and

refusal. The doctor insisted that they needed to go to the

outpatient department (OPD) for a consultation, asserting

that gynaecologists did not attend to emergency cases.

Shockingly, despite being in the emergency department,

 6

the hospital staff treated the case lightly, causing undue

delays in commencing the required surgical procedure;

10. That around 2:00 PM, the Caveator's wife was

admitted once more and then subjected to an ultrasound

examination, with a diagnosis subsequently conveyed to

Dr. Debraj Mondal, herein the Opposite party No. 3. Dr.

Mondal was summoned, and the Caveator's wife was

immediately taken to the operating theatre. Unfortunately,

the Caveator's wife underwent the operation without the

Caveator being informed of the gravity of the situation or

her deteriorating health;

11. That even after the ECG Report of the Caveator’s

wife was abnormal, they had treated her in such a way

that she did not have any problem with pressure or any

related diagnosis;

12. That following the operation and the delivery of their

child, the Caveator was called to the NICU at

approximately 3:30 PM to complete the admission process

for the child. During this time, the Caveator was

repeatedly summoned to the operation theatre and NICU

to sign various documents, causing confusion and

distress;
 7

13. That after some time the Caveator’s wife had been

killed by the Opposite party No. 3 and Opposite party No.

5 and the same had not been informed by them even;

14. That disturbingly, it was only after the Caveator's

wife's passing that the Caveator learned the full extent of

the seriousness of her condition. Dr. Debraj Mondal and

the hospital administration, herein the Opposite party no.

7 had failed to inform the Caveator promptly about the

life-threatening situation;

15. That the total chain of doctors and Hospitals

consulted starting from Opposite party No. 1 to 7 finally

killed the Caveator’s wife Rammi Kedia and resulted in her

dreadful death only for their grave medical negligence,

cheating, improper treatment, unwilling and unattended

medical service;

16. That the Caveator due to such loss, cheating,

conspiracy and medical negligence informed the matter to

the Durgapur PS and requested to lodge an FIR against

the Opposite party persons but unfortunately no action

has been taken;

17. That the Opposite parties have committed various

offences under various sections of I.P.C by cheating,

criminal conspiracy, and medical negligence. The Opposite

 8

parties have thus committed offences under sections 420

and 304A, read with section 120-B of I.P.C;

18. That on 18.10.2023 the Caveator sent a written

complaint by Registered Post to the Commissioner of

Police, Asansol Durgapur Police Commissionerate, Asansol

to lodge an FIR or to instruct any officer to lodge an FIR

and on 19.10.2023 the written information has been

received but to date, no action has been taken against the

Opposite party persons;

19. That finding no other alternative the Caveator had

filed an application under Section 156 (3) of Cr.P.C.

against opposite parties which is pending before; the Ld.

Additional Chief Judicial Magistrate Court, Durgapur;

20. That the Ld. Additional Chief Judicial Magistrate

issued the directions to the O/C, Durgapur Police station

to not register any FIR and to initiate preliminary enquiry

into the matter vide order dated 22.11.2023 as under;

“On perusal of the petition and materials on

record, I am of the view that before initiating a

case or registering an FIR, there is a requirement

of preliminary report by the Officer-in-Charge

concerned as to whether in respect to this

 9

application, there is a requirement to initiate a

case.

Accordingly, Office-in-Charge, Durgapur Police

Station is requested to submit a report after

preliminary enquiry regarding the alleged fact and

application as pre-litigation enquiry without

initiating a case or registering any FIR. If the

report of O/C concerned indicates requirement of

initiating a case, the court will consider the

application u/s 156(3) of CrPC Code.”

21. That in a letter of request for enquiry report by the

Caveator to the CMOH, Paschim Bardhaman dated

13.02.2024 about the proceeding of enquiry by the CMOH,

Paschim Bardhaman of the alleged offence against the

Opposite parties the CMOH, Paschim Bardhaman

submitted an enquiry report to the Caveator finding the

negligence against the Opposite party No. 1 and Opposite

party No. 7. The enquiry report is attached herewith as

Annexure A. The Postal Receipt is annexed as Annexure B;

22. That the Ld. Additional Chief Judicial Magistrate

passed the above-mentioned impugned order without the

order of investigation against the non-medical

professionals even after disclosure of cognizable offences

like cheating and medical negligence against the Opposite

 10

party Nos. 6 to 7 and directly ordered a pre-litigation

enquiry by the Officer-in-Charge, Durgapur Police Station

against all the opposite parties which violates law;

23. That the impugned order of the Ld. Additional Chief

Judicial Magistrate dated 22.11.2023 to take the

requirement of registering the FIR by the court itself is

bad in law and suffers from patent illegality on following

amongst other grounds and is liable to be quashed and

set-aside.

24. That the caveator has filed a Criminal Revision under

Section 397 of Cr.P.C. against the order of Ld. Additional

Chief Judicial Magistrate dated 22.11.2023 before the Ld.

Additional District and Sessions Judge, Durgapur on

22.02.2024 being Criminal Revision No. 16/2024;

25. That the Ld. Additional District and Sessions Judge,

Durgapur on 22.02.2024 allowed the Criminal Revision

and ordered to service summons on the opposite parties;

26. That it is expected that the opposite parties may approach

before this Hon'ble Court by moving petition before this

Hon'ble Court against the order dated 22.02.2024 passed

by Ld. Additional District and Sessions Judge, Durgapur

(Gourav Kedia v/s Dr. Debashish Bhattacharya and

others).
 11

27. That the caveator being the person interested in the

matter is entitled to be heard in case any proposed

petition is being submitted to appear before this Hon'ble

Court for proper adjudication of the controversy involve in

the matter.

28. That the copy of the proposed writ petition be served

upon Sri Pranoy Ghosh, Advocate on behalf of the
caveator whose address is being given below.
PRAYER

It is, therefore, most respectfully prayed that the Hon'ble Court

be pleased to direct the opposite parties/proposed caveator to
supply a copy of the proposed writ petition/petitions, stay
application and affidavit to the caveator or their counsel whose
address has been given below and caveator be given the
opportunity of hearing.
The caveators shall ever pray for this act of kindness.

Kolkata
Dated:10.03.2024
Advocate
Counsel for Caveators
Address for Service:-
Counsel’s address
 BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT
CALCUTTA
Appellate Side
Caveat Petition No. of 2024

Gourav Kedia .... Caveator

Versus

Dr. Debasish Bhattacharya and others ……Opposite

Parties/Proposed Caveators

AFFIDAVIT

I, Gourav Kedia, son of Gobardhan Kedia, resident of NSB Road,

Raniganj, Paschim Bardhaman, West Bengal, PIN – 713347, India ,
do hereby solemnly affirm and state on oath as under :-

1. That the deponent is the caveator himself and the prayer of

the case as such he is fully conversant with the facts
deposed.

2. That the copy of the caveat petition has already been sent
to the correct postal address of the opposite parties and the
postal receipt is enclosed herewith.

Kolkata
Dated:10.03.2024 Deponent
VERIFICATION

I, the deponent do hereby verify the contents of para 1 to 2 of

this affidavit are true to my personal knowledge. Nothing material
has been concealed.

Signed and verified on this 10th day of March 2024 at Kolkata

Kolkata
Dated:10.03.2024 Deponent
I identify the deponent who has signed before me.

(Pranoy Ghosh)
Advocate
Solemnly affirm before me on at AM/PM, by

deponent Gourav Kedia, who has been identified by Sri Pranoy

Ghosh, Advocate.

I have satisfied myself by examining the deponent that he

has understood the contents of this affidavit which has been read

over and explained to him by me.

Oath Commissioner
 BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT
CALCUTTA
Appellate Side
Caveat Petition No. of 2024

Gourav Kedia .... Caveator

Versus

Dr. Debasish Bhattacharya and others ……Opposite

Parties/Proposed Caveators

REGISTERED ADDRESS OF CAVEATOR

Gourav Kedia son of Gobardhan Kedia, aged about 39

years, resident of NSB Road, Raniganj, Paschim
Bardhaman, West Bengal, PIN – 713347, India;

Kolkata
Dated:10.03.2024 Caveators
 BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT
CALCUTTA
Appellate Side
Caveat Petition No. of 2024

Gourav Kedia .... Caveator

Versus

Dr. Debasish Bhattacharya and others ……Opposite

Parties/Proposed Caveators

INDEX

Sl. Particulars Page. Nos

No

1. Caveat Petition 01-04

2. Registered Address of Caveators 05

3. Affidavit 06-07

4. Id Proof 08

5. Power 09

Kolkata
Dated:10.03.2024 (PRANOY GHOSH)
Advocate
Mob No. 8906142981
Counsel for Caveator