LALIT KAVADIA Vs. STATE OF M.P.

JUDGEMENT

(1.) PARTIES through their counsel.

(2.) PETITIONER before this Court has filed this present petition for quashment of the order dated 4.1.2014 passed by the Judicial Magistrate First Class, Indore in Criminal Case No.205/2014, who has taken cognigence pursuant to the charge sheet filed by the State of M.P. for offence under section 304Aof IPC.

(3.) FACTS of the case reveal that the petitioner is a doctor and working as an anaesthetist at Choithram Netralaya, a hospital under the Choithram Trust. The petitioner is practicing as an anaesthetist for the last 13 years and holds post graduate degree. On 6.8.2012, the child was brought to Choithram Netralaya with some eye problem and one Dr. Ritu Verma diagnosed the deceased as 'Limbal Dermoid with Lateral Canthus both sides Dermoid ' and a child was recommended for transplantation of cornea. The child was referred to Dr. Bhagyesh Pore, Oculoplastic Surgeon. Dr. Bhagyesh Pore diagnosed the patient with ''Goldenhar 's Syndrome '' - congenital anomalies. The patient was also suffering from Mild Coloboma i.e. incomplete development of the eye lid. On the same day i.e. on 6.8.2012, Dr. Ritu Verma directed for examination of the patient for Pre -Anaesthetic Evaluation and the patient was looked by Dr. K. J. Keshwani, a Paediatrician on 6.8.2012 and after conducting the investigation required she was declared fit for General Anaesthesia. The patient was called on 8.3.2013 and again called for general surgery on 9.4.20163 and she was taken for surgery. She was given intracath for intravenous patency and she was also given 100% oxygen, however, patient expired on the table.