GOLIVENKATA SUBBARAO Vs. STATEOF A P

JUDGEMENT

(1.) This petition is filed to quash the proceedings in C.C.117 of 2004 on the file of the XXIII Metropolitan Magistrate, Hyderabad.

(2.) The allegations, in the charge sheet filed in C.C.117 of 2004, under Section 304-A I.P.C. in Crime No.29 of 2002 of Panjagutta Police Station, are that the deceased Sri K. Ramakrishna Reddy underwent an ear operation on 8.1.2002 at Dr. G.V. Rao ENT Hospital, Panjagutta, Hyderabad and that the petitioner-accused Dr. G.V.Rao had, himself, administered anesthesia negligently, without seeking the assistance of an anesthetist, resulting in complications and the death of the .patient on 9.1.2002 while undergoing treatment.

(3.) On 9.1.2002 at 21.30 hours, the complainant (L.W.I) lodged a complaint stating that his brother-in-law Sri K. Ramakrishna Reddy aged 27 years, a Software Engineer in Baan Info Systems India limited, was suffering from ear problem for the last couple of months, that he was admitted in Dr. G.V. Rao ENT Hospital, Panjagutta on 7.1.2002 for surgery and that Dr. G.V.Rao had performed surgery on the deceased on 8.1.2002. The complainant had alleged that Dr. G.V. Rao had shifted the deceased to S.V.R. Super Specialty Hospital, Dharam Karam Road, Ameerpet, Hyderabad where the doctors declared the patient brought dead. The complainant alleged that the surgery performed on the deceased was minor, that the patient was young and healthy and that the complainant suspected that the deceased had died due to the negligence of the doctor. L.W.14 registered a case, in Cr.No.29 of 2002 under Section 304 -A I.P.C, and entrusted investigation to L.W.15.