MARWARI MATERNITY HOSPITAL Vs. PRAVEEN JAIN

JUDGEMENT

(1.) With the help of this application, made under Section 482 Cr.P.C., the petitioner, who are accused, in Complaint Case No. 1998C/2004, have sought for quashing of the complaint, in question, as well as the order, dated 03-08-2004, whereby cognizance of offence, under Section 304-A IPC, has been taken by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati, who has also directed issuance of processes, amongst others, against the petitioner No. 1, namely, Om Prakash Choudhury, stands impleaded as accused in his capacity as the Secretary of Marwari Maternity Hospital, Guwahati, which is being run by a charitable trust, namely, Marwari Databya Aushadhalaya, and which is one of the accused in the complaint, in question, the petitioner No. 2, namely, Dr. Karuna Kanta Goswami, who was an anesthetist, who stood impleaded as one of the accused, is no longer alive, and the petitioner No. 3, namely, Dr. Dinesh Agarwal, being a medicine specialist, stood impleaded as one of the accused.

(2.) I have heard Mr. BM Choudhury, learned counsel, appearing on behalf of the accused-petitioners, and Mr. AK Bhattacharyya, learned Senior counsel, appearing for the complainant-opposite party.

(3.) The case of the complainant may, in brief, be set out as under :