DINESHKUMAR CHIMANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Chaudhary, learned advocate for the applicant, and Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1 State.

(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicant has prayed for quashing of F.I.R. being C.R. No.I110 of 2012 registered at Chanasma Police Station, Dist. Patan for the offences under Section 304 PartA of the Indian Penal Code, 1860 (the IPC).

(3.) IN the instant case also the present applicant, who is arrayed as an accused in the impugned F.I.R. is a medical practitioner and, therefore, considering the ratio laid down by the Apex Court in the case of Jacob Mathew (supra) as well as the order dated 28.03.2012 passed by this Court Hemin M. Shroff (supra), the investigating officer, before proceeding against the applicant for rash and negligent act or omission, while carrying out the investigation is required to obtain an independent and competent medical opinion, preferably from a doctor in government service, qualified in that branch of medical practice, who can normally be expected to give an impartially and unbiased opinion as held by the Apex Court in the case of Jacob Mathew (supra).