NIDHI SURESH KHARABE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The application is taken up for hearing by consent. Heard Mr.A.A.Kathane, Adv. for the Applicant and Mrs.K.D.Deshpande, Adv. for the Respondent No.1/State.

(2.) By this application, the applicant prays for quashing and setting aside the First Information Report and the Charge sheet in the Summary case no. 9898 of 2010 pending on the file of the Judicial Magistrate First Class, Court No. 4, Nagpur.

(3.) In Jacob Mathew vs State Of Punjab & Anr Appeal (crl.) 144 145 of 2004, decided on 5 August, 2005 by three judges bench of the Apex Court, in respect of the professional negligence, it is held as under: