DR. MOHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The appellant assails the correctness of an order dtd. 11/8/2021 passed by the High Court of judicature at Madras in Crl.O.P. No. 25858 of 2016 and Crl.M.P. Nos. 12766 and 12767 of 2016 (miscellaneous petitions) filed under Sec. 482 CrPC for quashing the P.R.C. No. 20 of 2015 on the file of the Judicial Magistrate District Thiruvallur, State of Tamil Nadu registered under Reason: Sec. 304 Part I IPC.

(3.) The submission advanced by the learned counsel appearing for the appellant is that the appellant is a qualified medical practitioner and the offence alleged against him is of conveying/instructing a staff nurse to administer an injection over telephone which injection when administered to the patient, apparently reacted, resulting into his death. The submission is that this allegation would not constitute an offence under Sec. 304 Part-I IPC (culpable homicide not amounting to murder) and at most, the same could be covered by Sec. 304 A, IPC (causing death due to negligence).