B.K. YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

(2.) The writ petition seeks quashing of the F.I.R. dtd. 3/7/2020 giving rise to Case Crime No.33 of 2020, under Sec. 304 I.P.C., Police Station- Lalpur Pandeypur, District Varanasi.

(3.) The allegations against the petitioner is that the petitioner is the Care taker of the Medicity Neuro and Critical Care Hospital, Varanasi, who diagnosed the informant's son suffering from Hernia and advised surgery. The informant deposited a sum of Rs.48,000.00 for the treatment. However, due to negligence on the part of the doctors who without seeking the written consent from the parents/natural guardian operated the child, who died during treatment.