SOSAMMA KURIEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, a Gynecologist and Cardiologist respectively, who have been hauled up before the Chief Judicial Magistrate s court, Kottayam to face trial on a charge under Section 304-A read with Section 34 IPC, have preferred this petition under Section 482 of the Code of Criminal Procedure seeking up quash the above proceedings pending against them.

(2.) The court below has issued process to the petitioners at the instance of respondent No. 2 herein who, in Annexure A1 complaint alleged that his wife had died because of the rashness and negligence shown by the petitioners while treating her at Mandiram Hospital, Kottayam.

(3.) It is contended by Sri. Bechu Kurian Thomas, learned Counsel for the petitioners that the learned Magistrate had issued process to the petitioners and directed them to face prosecution without any application of the judicial mind at all. According to the learned Counsel, Annexure A1 complaint does not contain any specific averment or allegation sufficient enough to incriminate the petitioners, who as professionals had bestowed utmost care and attention while treating the patient. There was absolutely no rashness or negligence as alleged in the complaint. The mere fact that the patient developed some complications after she delivered twin babies did not necessarily mean that they were due to any rashness or negligence on the part of the petitioners.