SANTHI (DR.) Vs. STATE OF KERALA

JUDGEMENT

(1.) . This is a petition filed under S.482 of the Code of Criminal Procedure to quash all the proceedings in C.C. No. 286/2012 on the file of the Judicial First Class Magistrate Court, Chavakkad.

(2.) . When the petition came up for hearing, the learned counsel for the petitioner submitted that here is a case where the petitioner herein was facing prosecution for an offence under S.304A of IPC. It is the submission that the petitioner is a Doctor by profession and the allegation was that she treated the de facto complainant herein during her pregnancy. The petitioner was a Gynaecologist attached to Taluk Government Hospital, Chavakkad. Later, it was found that the foetus was dead and it was noticed only after a period of 5-5 1/2 months. It is also the case of the prosecution that the growth of the foetus was only 10-12 weeks i.e. about three months. After investigation police filed a charge for an offence under S.304A of IPC.

(3.) . The contention of the learned counsel is that for attracting an offence under S.304A of IPC, there should be a death of any person. It is the submission that in this case, it was only a foetus and at the most, what can be inferred was that a foetus died, not because of any of the positive acts or omissions of the petitioner herein. The only aspect highlighted in the police charge is that it was not detected at the appropriate time by the Doctor while treating the de facto complainant.