MAHADEV PRASAD KAUSHIK Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the appellant herein-a Medical Practitioner, being' aggrieved and dissatisfied with the order passed by the Additional Judicial Magistrate-IV, Mathura on January 09, 2007 in Case No. 28 of 2006 and confirmed by the High Court of Judicature at Allahabad on February 09, 2007 in Criminal Revision No. 366 of 2007. By the said orders, the courts below issued summons to the appellant for commission of offences punishable under Sections 304, 504 and 506, Indian Penal Code ('IPC for short).

(3.) Briefly stated, the facts of the case are that the appellant herein is a Medical Practitioner. If is the case of respondent No. 2-complainant, resident of village Amanullahpur, Police Station Sunk, District Mathura that he is residing at the afore-said place. That the father of the complainant had pain in his body. On July 04, 2001' at about 6.00 p.m.-., therefore, the complainant brought his father Buddha Rain to the clinic of the appellant herein for treatment. According to the complainant, treatment was given by the appellant who administered three injections to Buddha Ram. Within half an hour, Buddha Ram died. The appellant asked the complainant to remove the dead-body of Buddha Ram immediately and also threatened the complainant not to take any action against the appellant.