BIJAYA GOSWAMY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition has arisen out of two orders passed by the learned CJM, Kamrup in respect of committal of a case under Section 209 CrPC. While, by the first order, the learned CJM, Kamrup was of the opinion that the case is not one to be tried under Section 304 (Part-II) IPC, by the second order the case has been committed to the learned Sessions Court, Kamrup, Guwahati holding that the earlier order was an inadvertent mistake. It is the second order, aggrieved by which, the petitioners who are the accused have invoked the jurisdiction of this court under Section 482 CrPC seeking quashing of the said order.

(2.) Adverting to the facts of the case, the informant, represented by his learned counsel in this proceeding had lodged an FIR with the "Panbazar Police Station on 25.10.2004 alleging that his wife Smt. Monorama Kakati Bhuyan died in the operation theatre on 24.10.2004 due to the criminal negligence on the part of the Doctors involved in the operation. The FIR was registered as Paltan Bazar PS case No. 347/ 2004 under Section 304 (A)/34 IPC corresponding to GR Case No. 4308/2004-.

(3.) The police took up the investigation of the case and in due course submitted the charge sheet No. 125/05 dated 24.10.2005 recording that a prima facie case under Section 304 (II)/34 IPC has been established against the accused/petitioners, and accordingly, they were sent for trial in the Court of law under the aforesaid provisions of IPC.