RAMNIWAS GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of Cr.P.C. for quashing the order dated 26/06/2012 passed in Criminal Revision No. 171/2012 passed by learned 7 th Additional Sessions Judge, Gwalior confirming the order dated 30/01/2012 passed in Criminal Case No. 6110/2009 by learned Judicial Magistrate First Class, Gwalior by which application filed by the petitioner under Section 239 of Cr.P.C. for discharging the petitioner from the charges of offence punishable under Section 304-A of IPC and Section 24 of Indian Medical Council Act, 1956 has been rejected.

(2.) On perusal of challan papers, it is clear that on 14/09/2008, Guddi Bai, who was suffering from some ailment has been treated by petitioner in his clinic and it is alleged that due to injection administered by petitioner, she died. Challan has been filed for the offence punishable under Section 304-A of IPC and Section 24 of Indian Medical Council Act, 1956 on the ground that petitioner was not a registered medical practitioner and he was not authorised for treatment.

(3.) Learned counsel for the petitioner has drawn attention of this Court towards the challan papers at page No. 45 which is a certificate given to the petitioner in prescribed form by which petitioner has been given authority to carry on the nursing home/clinic establishment registration number 486 from 14/09/2010 to 31/03/2013.