SANJEEV GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Rajvanshi, learned counsel for the applicants and learned A.G.A. for the State. Nobody has put in appearance on behalf of opposite party no. 2 in spite of service having been held sufficient on him.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 18.09.2018 passed by learned Additional Chief Judicial Magistrate/Additional Civil Judge (Senior Division), Court No. 1, Muzaffar Nagar in Complaint Case No. 5511 of 2017 (Rahul Kumar Vs. Dr. Sanjeev Gupta and another), under Sections 304-A, 504 and 506 IPC, Police Station Khatauli, District Muzaffar Nagar, pending before the Additional Chief Judicial Magistrate/Additional Civil Judge (Senior Division), Court No. 1, Muzaffar Nagar.

(3.) It reflects from the record that the applicant nos. 1 and 2 are doctors by profession and they are registered medical practitioner. The complainant-opposite party no. 2 filed an application u/s 156 (3) Cr.P.C. dated 08.03.2017 before the Additional Chief Judicial Magistrate for lodging an First Information Report against the applicants, for the offence of medical negligence. The said application filed by the opposite party no. 2 was treated to be a complaint and was registered as Complaint Case No. 5511 of 2017. The Magistrate proceeded with the case and recorded the statement of complainant-opposite party no. 2 under Section 200 Cr.P.C. on 09.08.2017. Subsequently, the statements of witnesses of the complainant, namely, Pooja (wife of Rahul) and Ashok Kumar (son of Ratan Singh) were also recorded on 01.09.2017 and 07.10.2017 respectively u/s 202, Cr.P.C.