NAYANABEN HITESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application under Section 482 of the Code of Criminal Procedure has been filed by the applicants praying that the First Information Report registered against them on 23.11.2008 as C.R. No. I - 428 of 2008 with Anand Town Police Station be quashed and set aside.

(2.) The facts in brief as per the complaint lodged by the first informant - respondent no. 2 herein who has chosen not to contest the proceedings are as under:

(3.) Mr. J.A. Adeshra, learned advocate appearing for the applicants has contended that the First Information Report lodged by respondent no. 2 invoking Sections 304-A and 114 of the Indian Penal Code against the applicants - doctors was uncalled for. According to him, since the patient Manishaben did not conceive despite treatment, she was advised to undergo diagnostic hysteroscopy. She had a posterior wall lower tumour and therefore she was advised to undergo surgery which was performed on 21.07.2008.