SUJATHA Vs. KASIVISWANATHAN

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioners seek to call for the records in C.C.No.332 of 2001 on the file of Judicial Magistrate 1. Poonamalle and to quash the same.

(3.) IN my considered opinion, assuming the averments stated in the complaint are proved, I do not think that the petitioners/accused have committed any rash and negligent act attracting Sec. 336 of INdian Penal Code as fairly admitted by the learned counsel for the respondent himself inasmuch as the respondent and his wife had given a consent to the operation which admittedly includes risk factor.