SATYASAHEEL NANDLAL NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner to quash the chargesheet filed by the police in Criminal Case No. 276 of 1987 on the file of Chief Judicial Magistrate, First Class, Court No. 8, Pune. Heard both the sides.

(2.) THE facts necessary for the disposal of this writ petition are as follows :-The petitioner is a registered medical practitioner at Pune. It appears on 7-8-1987 at about 12. 30 p. m. one patient by name Ravindra Salunke came to hospital with some injuries. The patient was treated. The patient gave history of skidding of motor vehicle and sustained some injuries. The patient was admitted to the hospital. On the next day viz. 8-8-1987 the patient was discharged on his request. It transpired that the patient was admitted to Ruby Nursing Hall, Pune where he succumbed to the injuries and died on 8-8-1987. In the first instance the police registered a case for accidental death and then they came to know that a vehicle had been involved in the accident. Then the police registered a case for offences under Sections 279, 337, 338 and 304a of I. P. C. against the driver of the vehicle who had unfortunately died. Subsequently the police made some enquiries and filed a charge-sheet against the present petitioner, viz. the doctor alleging that he did not inform the police about the accident which he had come to know through the patient and thereby he has committed an offence punishable under Section 176 of the Indian Penal Code. After receiving the process in the criminal case, the petitioner has approached this Court for quashing the charge-sheet and further proceedings in the criminal case.

(3.) I have heard the learned Counsel appearing for the petitioner and also Mr. Nalwade, the learned Public Prosecutor for the State.