ANNELY DLIMA Vs. POLICE INSPECTOR, AGACAIM POLICE STATION

JUDGEMENT

(1.) Heard Mr. A. B. De Sa, Advocate for the Petitioner, Mr. P. Faldessai, Additional Public Prosecutor for Respondents No.1 and 2 and Mr. A. D. Bhobe, Advocate for Respondent No.3.

(2.) The petitioner, who is a lecturer in the Department of Pediatrics at the Goa Medical College, Bambolim, Goa (a Government Medical College) invokes the jurisdiction of this Court both under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure (Cr. P.C.) and seeks the quashing of final form/report under Section 173 of Cr.P.C. in Special Case No.120/2017 and the process issued against her on 06.11.2017 by the President of Children's Court for State of Goa in Special Case No.120/2017. By all this, the petitioner and several other doctors and nurses from the Pediatrics Department at the Goa Medical College have been charged with offences under Section 8(2) of the Goa Children's Act, 2003 as well as Sections 336 and 337 of the Indian Penal Code (IPC).

(3.) The allegation against the petitioner is that she and other doctors and nurses in the Pediatrics Department were negligent in the treatment which they offered or rather, failed to offer to the new born child of the complainant-respondent no.3 on 03.01.2012, which, resulted in auto-amputation of the child's right forearm.