GURBACHAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 6 of 3.2.2006 filed under Sections 304/304 -A of the Indian Penal Code, 1860 (IPC for short) (Annexure P -1) and all the subsequent proceedings arising therefrom including summoning order dated 23.3.2012 (Annexure P -3). Learned counsel for the petitioner has submitted that the impugned summoning order had been passed without there being any report of the Board to the effect that the petitioner was guilty of medical negligence. In this regard, learned counsel for the petitioner has placed reliance on the decision of the Apex Court in Martin F.D'Souza vs. Mohd. Ishfaq : 2009 (2) RCR (Cri.) 64, wherein, in para 117, it was held as under: -

(2.) LEARNED counsel for the petitioner has further placed reliance on the decision of the Apex Court in Jacob Mathew vs. State of Punjab and another : (2005) 6 SCC 1, wherein it was held as under: -

(3.) IN the present case, complaint (Annexure P -1) has been filed by respondent No. 2 under Sections 304, 304 -A IPC alleging therein that husband of respondent No. 2 had died due to medical negligence of the petitioner.