BHASKER ACHARYA Vs. CHANDRASHEKAR SHERVEGAR

JUDGEMENT

(1.) THIS petition is filed under Section 482 Criminal Procedure Code questioning the order passed by the JMFC. , Kundapura, taking cognizance of the offence under Sections 337 and 338 of the Indian Penal Code in C. C. No. 3025/1996. Heard the learned Counsel for the petitioner and the learned SPP for the respondent.

(2.) THE learned Counsel for the petitioner has vehemently argued that if the entire case of the petitioner is taken into consideration no offence is made out as against these petitioners who are qualified Doctors and no negligence can be attributed to these petitioners. It is also submitted that act of these petitioners are well protected under law. Therefore the cognizance taken by the learned Magistrate is abuse of the process of the Court and calls for interference.

(3.) HOWEVER, the learned State Public Prosecutor contended that all these grounds can be urged by the petitioners before the learned Magistrate and it is too early for this Court to interfere with the order passed by the learned Magistrate in taking cognizance of the offence. While reconsidering the arguments he also submitted that the case requires to be tried by the learned Magistrate to find out as to whether these petitioners acted in good faith. In reply, the learned Counsel for the petitioners submitted that they very object of the Section 482 is to avoid abuse of process of Court and if these petitioners are made to stand a trial, it will lead to unnecessary delay and also causes inconvenience to them. In view of these arguments the question that arises for consideration is as whether it is a fit case to quash the order under Section 482 Criminal Procedure Code. Before considering these arguments it is now necessary to refer to the brief facts of the case which are as follows :-