R. MURALIDHARAN Vs. UNION TERRITORY ADMINISTRATION, CHANDIGARH

JUDGEMENT

(1.) IN this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, the petitioners pray for quashing FIR No. 247 dated October 18, 1988, final report under Section 173 Cr.P.C. charges framed against the petitioners by the Judicial Magistrate Ist Class, Chandigarh, vide his order dated September 21, 1989, and resultant proceedings in the said Court.

(2.) THE petitioners have averred in the petition that on the basis of a written application moved by Shri Bobby Garg son of Dr. A. P. Garg resident of House No. 3429, Sector 24-D, Chandigarh FIR No., No. 247 was registered on October 18, 1988 under Section 304-A, IPC in Police Station West, Union Territory, Chandigarh.

(3.) DURING the night at about 3.00 A.M. his mother started breathing with difficulty. Bobby Garg ran to the doctor on duty but the doctor sent him back with a promise to follow him to treat Raksha Garg. When Bobby Garg reached near the bed of his mother, he found that his mother had already expired. Till that time neither the doctor on duty nor the senior consultant doctor whose name he subsequently learnt to be Dr. Harinder Singh Malhotra had reached there. Thus, Bobby Garg alleged that his mother had died on account of intentional and gross negligence of above mentioned doctors.