M RAGHVA RAO Vs. ORUGANTI BUCHIREDDY

JUDGEMENT

(1.) This petition is filed to quash the proceedings in C.C.No.1727 of 2004 on the file of the learned Judicial Magistrate of First Class, Luxettipet, Adilabad District.

(2.) The facts are as follows: On 15-03-2003 at 9.30 a.m. the deceased, Linga Reddy met with an accident, as the car belonging to an Advocate dashed him. He was taken in the same car to the private hospital of the present first petitioner, where the second petitioner, who is an Anesthetist, along with the first petitioner treated him. The deceased died around 2.30 p.. According to the complainant, the first respondent, the deceased died on account of the negligence of the doctors. He gave a complaint to the police on the same day. After investigation the police submitted final report dated 30/10/2003, to which the first respondent filed protest petition. After recording the sworn statement of the first respondent on 15/12/2004, the learned Magistrate has taken cognizance of the case: The order of the learned Magistrate dated 20/12/2004 reads:

(3.) Now, the contention of the learned counsel for the petitioners is that there was absolutely no negligence on the part of the petitioners and that the learned Magistrate has erroneously taken cognizance of the case against the petitioners under Section 304-A IPC.