KHIMJIBHAI MERAMBHAI GABU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP wavies service of rule for the respondent-State and the learned Advocate, Mr. Gandhi, waives for respondent No.2-the original complainant.

(2.) In connection with the incident in question, an FIR being M. Case No. 1 of 2013, came to be lodged with Botad Police Station for the offence punishable under Sections 304(A), 465, 471, 468, 474, 4l70 and 114 of the Indian Penal Code. 1860, which eventually culminated into Criminal Case No. 388 of 2014.

(3.) Learned Advocate, Mr. Gidia, appearing for the petitioner has urged inter alia that this is a maliciously instituted litigation for wrecking vengeance and to cause harassment to the petitioner. This not only would cause hardship to the petitioner but also mental harassment and this cannot be legally sustained for there being no report of the panel doctors. It is urged that there was no negligence on the part of the petitioner and he not only was present during the entire time with the deceased patient but also had done whatever was needed to be done, and thus, he has been wrongly roped-in. This petition, it is urged, therefore, deserves to be allowed by quashing and setting aside the impugned orders.