LAWS(BOM)-2018-1-252

SATYESH KAMAT, SON OF SONU KAMAT Vs. STATE OF GOA, THROUGH POLICE INSPECTOR, CURCHOREM POLICE STATION, CURCHOREM, GOA

Decided On January 24, 2018
Satyesh Kamat, Son Of Sonu Kamat Appellant
V/S
State Of Goa, Through Police Inspector, Curchorem Police Station, Curchorem, Goa Respondents

JUDGEMENT

(1.) The challenge in this petition, under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure (Cr.P.C. for short), is to the order dated 15.12.2015, passed by the learned Magistrate in CRMA No. 104/2015/B. By the impugned order, the learned Magistrate has allowed the application filed by the respondent-State, under Section 473 of Cr.P.C., thereby extending the period for filing a charge sheet, under Section 304-A of the Indian Penal Code (IPC for short) against the petitioner. The said order passed by the learned Magistrate has been confirmed in Criminal Revision Application No. 6/2016 by the learned Sessions Judge vide judgment and order dated 28.06.2017.

(2.) The brief facts necessary for the disposal of the petition may be stated thus:

(3.) It appears that a case of an unnatural death, being U.D. No. 27/2008 was registered, under Section 174 of Cr.P.C. with P.S. Curchorem. Police Inspector, Curchorem Police Station sent a communication dated 20.12.2008 to the Deputy Collector and the Sub-Divisional Magistrate, Quepem, Goa (SDM for short), for conduction of an enquiry under Section 176 of Cr.P.C. It appears that on 24.12.2008, the SDM asked the Dean, Goa Medical College to form an expert committee/ethic committee to find out whether the petitioner and the staff of Dr. Sonu Kamat Hospital were negligent in handling the pregnancy case.