PUNEET MALHOTRA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') seeking quashing of FIR No.330 dated 26.07.2010 under Section 304-A of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Model Town, Panipat (Annexure P-1) and the report under Section 173 Cr.P.C. (Annexure P-13) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that before initiating criminal proceedings against the petitioner qua medical negligence, the investigating agency was required to seek report from an expert as to whether petitioner could be said to be guilty of any medical negligence. However, during the pendency of the petition, report was sought from the Medical Board by the investigating agency and the Medical Board, vide its report dated 01.07.2011, has opined that there was no deficiency in medical services/treatment and no medical negligence could be found after going through all the documents provided. In support of his arguments, learned counsel has placed reliance on Jacob Mathew Vs. State of Punjab and another, 2005 AIR(SC) 3180 (1) wherein it was held as under:-

(3.) Learned counsel has further placed reliance on Martin F. D Souza Vs. Mohd. Ishfaq, 2009 AIR(SC) 2049 wherein it was held as under:-